ITEM NO.48 COURT NO.7 SECTION XI-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.29590/2025 [Arising out of impugned final judgment and order dated 22-08-2025 in RCREV No. 148/2025 passed by the High Court of Kerala at Ernakulam]

M V JOY Petitioner(s)

VERSUS JOSEPH K. THOMAS & ORS. Respondent(s)

FOR ADMISSION and I.R., IA No. 262101/2025 - EXEMPTION FROM FILING O.T., IA No. 262104/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 16-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) : Mr. PB Sureshkumar, Sr. Adv.

Mr. G. Prakash, AOR Mr. Adarsh R., Adv.

Mrs. Beena Prakash, Adv.

Ms. Priyanka Prakash, Adv.

For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

1. This petition arises from the judgment and order passed by the High Court of Kerala dated 22-8-2025 in RCR No.148 of 2025 by which the revision application filed by the petitioner herein came be CHANDRESH 1 Date: 2025.10.28 Reason:

rejected.

2. The operative part of the impugned order reads thus:-

“14. But in light of the order impugned in R.C.R.

No. 130/2025 filed by the managing partner, R.C.R. No. 148/2025 also has to be dismissed, as the issue in regard to the legality of order impugned being one and same in both cases.

Accordingly, the revision petitions are dismissed. However, we grant the tenant three months' time to surrender vacant possession of the petition-scheduled shop room to the landlord, subject to the following conditions: (i) The tenant shall file an affidavit before the Rent Control Court or the Execution Court, as the case may be, within two weeks from today, expressing an unconditional undertaking that he will surrender vacant possession of the petition-scheduled shop room to the landlord on or before 19.11.2025 and that, the tenant shall not induct third parties into possession of the petition-scheduled shop room.

(ii) The tenant shall deposit the entire arrears of rent as on date, if any, before the Rent Control Court or the Execution Court, as the case may be, within one month from the date of receipt of a certified copy of this order, and shall continue to pay rent for every succeeding month, without any default;

(iii) Needless to say, failing to comply with any one of the conditions stated above, the time limit granted by this order to surrender vacant possession of the petition-scheduled shop room will stand cancelled automatically, and the landlord will be at liberty to proceed with the execution of the order of eviction.”

3. Thus, the petitioner has suffered an eviction decree. In accordance with the final order passed by the High Court, the petitioner has to hand over vacant and peaceful possession of the premises in question, on or before 19.11.2025.

4. We are informed that the petitioner is running a wine and beer parlour in the subject premises. The learned counsel appearing for the petitioner made a fervent appeal that his client may be granted some more time to vacate the premises.

5. In the facts and circumstances of this case, we extend the time period to handover vacant and peaceful possession of the property up to 31 March, 2026. Since, we are modifying the final order to some extent, we direct the petitioner herein to file an undertaking on Oath before this Court that he shall handover vacant and peaceful possession of the premises on or before 31.3.2026. He shall continue to pay the use and occupation charges including arrears towards rent/use and occupation charges till 31.3.2026.

6. Let this undertaking be filed on Oath with the Registry of this Court within a period of two weeks from today.

7. The Registry shall notify this matter once again after two weeks for the purpose of reporting compliance of the directions issued by us referred to above.

(CHANDRESH) (POOJA SHARMA)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)