IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 RSA.No. 404 of 2006() --------------------- AS.275/2004 of V ADDL. DISTRICT COURT, ERNAKULAM OS.1472/2002 of I ADDL.M.C.,ERNAKULAM .................... : APPELLANTS/APPELLANTS/PLAINTIFFS ------------------------------------------------- 1. K.A.MARIYUMMA, AGED 69 YRS, D/O. LATE ABDUL RAHIMANKUTTY AND W/O. LATE P.M.ABDUL RAZACK, POOVATH HOUSE, KUNNUMPURAM, KOCHI-1. 2. K.A.JAMEELA, AGED 60 YRS, D/O. LATE ABDUL RAHIMANKUTTY AND W/O. ABDUL MAJEED, 42/1113, MARKET ROAD, ERNAKULAM. 3. K.A.SAIBUNNISA, AGED 50 YRS, D/O. LATE ABDUL RAHIMANKUTTY AND W/O. K.M.ABOOBACKER, 36/651-X, CHAMMINY BUILDING, PROVIDENT FUND ROAD, KALOOR. BY ADV. SRI.P.S.USUPH SRI.P.U.ZIYAD RESPONDENTS: RESPONDENTS/DEFENDANTS --------------------------------------------------- 1. M/S. E.V.RADIO ELECTRICALS, A PARTNERSHIP BUSINESS CONDUCTED IN DOOR NO.48/4977, BANERJI ROAD, ERNAKULAM, REPRESENTED BY ITS PARTNER MR. E.JOHN THOMAS, S/O. E.Y.JOHN. 2. E.JOHN THOMAS, S/O. E.V.JOHN, PARTNER, M/S. E.V.RADIO ELECTRICALS. BY ADV. SRI.K.R.VINOD THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2008, ALONG WITH RSA NO. 1230 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING;- M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. NO. 404/06 & 1230 OF 2006 =========================== Dated this the 17th day of March, 2008 JUDGMENT These appeals are filed challenging the judgment in A.S.275/2004 and A.S.276/2004 on the file of District Court, Ernakulam confirming the judgment in O.S.1433/2002 and O.S.1472/2002 on the file of Munsiff Court, Ernakulam. Learned Munsiff dismissed O.S.1472/1972 and granted a decree in O.S.1433/2002 against the appellants restraining them by a permanent prohibitory injunction from trespassing into the plaint schedule building during the business hours, in such a manner so as to cause difficulties or obstructions for the peaceful functioning of the business in the plaint schedule building. Appellants filed R.C.P 87/2004 for an order of eviction against respondents and other tenants before Rent Control Court, Ernakulam. An order of eviction was passed which was subsequently challenged before this court in R.S.A.No.404/06 & 1230/06 2 R.C.revision 17/2008. The order of eviction was confirmed as per order dated 23.1.2008. While confirming the order of eviction, respondents were permitted to continue in possession of the building for six months on condition that they filed an unconditional undertaking before the Rent Control Court within one month from the date of that order undertaking to vacate the building on or before the expiry of six months from 23.1.2008. Learned counsel appearing for appellants submitted that an affidavit was filed by respondents before the Rent Control Court dated 22.2.2008 whereunder they unconditionally agreed to vacate the tenanted premises on or before expiry of six months from 23.1.2008 and in view of the said undertaking the appeals may be dismissed. The appeals are dismissed recording the submission. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006