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2026 Supreme(Online)(Ker) 27307
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
S. VALSA – Appellant
Versus
CHACKO VARUGHESE @ N.C. VARUGHESE – Respondent
OP (RC) NO. 81 OF 2026 | EP 68/2026 | RCP NO.154 OF 2022
Important Points
Petition disposed based on tenant's affidavit undertaking to vacate by specified date.
Subject
Rent Control - Eviction Proceedings
Headnote
First Paragraph: The case arises from an execution petition (EP 68/2026) in rent control proceedings (RCP No.154 of 2022), where the landlord sought eviction. The tenant filed an affidavit undertaking to vacate the premises by 30th May 2026. The court accepted the undertaking as sufficient compliance. Second Paragraph: The sole issue was whether additional time for vacation should be granted. The ratio decidendi is that a voluntary affidavit committing to vacate within a specified time resolves the petition without further orders. Third Paragraph: Original petition stands disposed of in terms of the affidavit.
Advocates:
For the Appellants/Petitioners: SRI.C.S.MANU, SRI.C.A.ANUPAMAN, SHRI.T.B.SIVAPRASAD, SMT.NEETHU.K.SHAJI, SRI.C.Y.VIJAY KUMAR, SMT.MANJU E.R., SHRI.ALINT JOSEPH, SHRI.PAUL JOSE, SMT.ARUNIMA G., SMT.DAINY DAVIS, SHRI.MAHESH KUMAR K.
For the Appellants/Petitioners: SRI.C.S.MANU, SRI.C.A.ANUPAMAN, SHRI.T.B.SIVAPRASAD, SMT.NEETHU.K.SHAJI, SRI.C.Y.VIJAY KUMAR, SMT.MANJU E.R., SHRI.ALINT JOSEPH, SHRI.PAUL JOSE, SMT.ARUNIMA G., SMT.DAINY DAVIS, SHRI.MAHESH KUMAR K.
| Table of Content |
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| 1. petition disposed per vacation affidavit. (Para 2 , 3) |
Heard the learned Counsel appearing on behalf of the petitioner. 2. The petitioner has filed an affidavit dated 7th April 2026 stating that time has been granted to vacate the premises on or before 30th May 2026 and that the petitioner has agreed to vacate the premises within the aforesaid time.
3. In view of the aforesaid affidavit filed by the petitioner, the original petition stands disposed of in terms thereof.
