The High Court of Kerala directed the Rent Control Appellate Authority, Thalassery, to dispose of R.C.A. No. 155 of 2012 expeditiously, noting the appeal concerned an interlocutory order. Notice to the respondent was deemed unnecessary.
Direction to the Rent Control Appellate Authority, Thalassery, to dispose of R.C.A. No. 155 of 2012 expeditiously.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934
OP (RC).No. 4195 of 2012 (O)
FOR DIRECTING THE RENT CONTROL APPELLATE AUTHORITY, THALASSERY TO DISPOSE OF RCA.NO.155/2012
PETITIONER:
CHANDANAKANDY KASIM,, AGED 45 YEARS S/O ABU, M.C. RIVER ENCLAVE, KUYYALI THALASSERY, KANNUR DISTRICT
BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.
RESPONDENT:
UMMER FAROOK, S/O MAMMOOTTY, AGED 37 YEARS, KAYNADATH HOUSE, JUBILEE ROAD THALASSERY, KANNUR DISTRICT 670101
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 06-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
AHZ/
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
O.P.(R.C.) NO. 4195 OF 2012 O
Dated this the 6th day of December, 2012
JUDGMENT
K.T.Sankaran, J.
The petitioner filed R.C.P.No.41 of 2011 on the file of the Rent Control Court, Thalassery, under Sections 11(2)(b), 11(3) and 11(4) (i) of the Kerala Buildings (Lease and Rent Control) Act. In the Rent Control Petition, the power of attorney holder of the petitioner was examined as PW1. It is submitted that the petitioner was doing business abroad. Thereafter, the petitioner came to India and he wanted to give evidence in the case. At that juncture, the respondent filed I.A.No.1876 of 2012 praying not to permit the petitioner/landlord to give oral evidence in the case, since his authorized agent was examined as PW1.
O.P.(R.C.) NO. 4195 OF 2012 O .
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order in I.A.No.1876 of 2012 in R.C.P.No.41 of 2011. That appeal is pending.
O.P.(R.C.) NO. 4195 OF 2012 O .
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application, we are of the view that the appeal can be directed to be disposed of expeditiously. Accordingly, there will be a direction to the Rent Control Appellate Authority, Thalassery to dispose of R.C.A.No.155 of 2012 as expeditiously as possible. The petitioner shall serve a true copy of the judgment in this Original Petition (RC) to the respondent before producing the certified copy before Court.
The Original Petition (R.C.) is disposed of as above.
(K.T.SANKARAN) Judge
(M.L.JOSEPH FRANCIS) Judge
ahz/
2 issues framed by the court
Whether the Rent Control Appellate Authority was directed to expeditiously dispose of the pending appeal.
Whether the order rejecting an interlocutory application made the appeal infructuous.
Chandanakandy Kasim
Ummar Farook
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
