Dismissed

Geetha Senthil Kumar v. Muhammed

Kerala HC20 Oct 2014OP (RC)/132/2014

Case brief

AI extract

What is this about?

The Kakkerappilly Bench dismissed the writ petition filed under Article 227 seeking a direction to remove a rent control petition from the special list. The court held that listing and trial procedure lies with the Rent Control Court and declined to interfere with the final order as no immediate prejudice was established beyond the delay in producing documents. Reference Article 227 of the Constit

What did the court decide?

Direction to Rent Control Court to remove petition from special list was refused.

Geetha Senthil Kumar Vs Muhammed — Civil Procedure and Limitation | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936

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OP (RC).No. 132 of 2014 (O)

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AGAINST THE ORDER/JUDGMENT IN RCP 4/2013 of MUNSIFF COURT, PERUMBAVOOR DATED

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PETITIONER(S):

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GEETHA SENTHIL KUMAR, AGED 36 YEARS W/O. SENTHIL KUMAR (GURUJEES TEXTILES, P.P. ROAD, PERUMBAVOOR), RESIDING AT SANTHI NIVAS, VENGOLA KARA VENGOLA VILLAGE, KUNNATHUNADU TALUK

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BY ADV. SRI.R.DIVAKARAN

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RESPONDENT(S):

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1. MUHAMMED,, AGED 53 YEARS S/O HASSAN, KAROTHUKUDI VEETTIL, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, pin - 683 556.

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2. K.M.RAFEEQ, AGED 27 YEARS S/O HASSAN, KAROTHUKUDI VEETTIL, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, PIN - 683 556.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 20-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC).No. 132 of 2014 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : COPY OF THE RENTAL AGREEMENT DATED 23-08-2012. EXHIBIT P2 : COPY OF THE RCP NO 4/2013 BEFORE THE MUNSIFF COURT / RENT CONTROL COURT, PERUMBAVOOR.

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EXHIBIT P3 : COPY OF THE JUDGMENT DATED 22-07-2014 IN OP(RC) 80/2014.

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EXHIBIT P4 : COPY OF THE I.A NO 2332/2014 IN RCP 4/2014

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

PA TO JUDGE.

THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P.JOSEPH, JJ.

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.................................................................... OP(RC) No.132 of 2014

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.................................................................... Dated this the 20^th day of October, 2014.

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J U D G M E N T

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Thottathil B.Radhakrishnan, J.

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1.We have heard the learned counsel for the petitioner.

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2.This petition under Article 227 of the Constitution of India is filed seeking a direction to the Rent Control Court to remove a rent control petition from the special list for trial. The plea is that the tenant needs further time to produce documents. As per Ext.P3 judgment of the Division Bench, there is already a direction that the rent control petition shall be decided expeditiously, preferably before 31.12.2014. It is for the Rent Control Court to deal with listing of matters and consider the cases, in accordance with due procedure. It is also for that Court to ensure that trial is held following the relevant rules and principles. Any plea of violation of due procedure is also a ground available to a person, who fails in a court, finally. We do not think that the visitorial jurisdiction of this Court has to be extended on the facts of the case in hand.

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OP(RC)132/2014

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-2-

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Hence, leaving open any plea of prejudice that the petitioner may, ultimately, raise, if aggrieved by the final order in the rent control petition, this original petition is dismissed.

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(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

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(BABU MATHEW P. JOSEPH, JUDGE)

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Geetha Senthil Kumar v. Muhammed

Case brief

What is this about?

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Geetha Senthil Kumar v. Muhammed

Case brief

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