The Court directed the Rent Control Court, Cherthala, to dispose of a pending application for setting aside an ex-parte order within one month due to hardship caused to the petitioner by the delay. The petition was disposed of.
Directions issued to the Rent Control Court, Cherthala to dispose of I.A.No.1856/2018 within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY,THE 20TH DAY OF NOVEMBER 2019/29TH KARTHIKA,1941
OP(RC).No.193 OF 2019
AGAINST THE ORDER IN I.A.NO.1856/2018 IN RCP 7/2013 OF RENT CONTROL COURT, CHERTHALA
PETITIONER/PETITIONER/RESPONDENT:
KUNJUMOIDEEN,AGED 52,S/O ALI, RESIDING AT MYDHEENIA VEETTIL, NADUVATH NAGAR P.O.,AROOKUTTY VILLAGE, CHERTHALA TALUK,ALAPPUZHA DISTRICT.
BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA SRI.NABIL KHADER
RESPONDENT/RESPONDENT/PETITIONER:
CHANDRIKA,AGED 68,W/O.RAJAPPAN, THE PROPRIETOR,MANU OPTICALS, (NEAR ROSE GARDENS),ERAMALLOOR P.O., EZHUPUNNA VILLAGE,CHERTHALA TALUK, ALAPPUZHA DISTRICT – 688 535.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC)No.193/2019
2
JUDGMENT
K. Harilal, J.
For the expeditious disposal of Ext.P2 petition, to set aside the ex-parte order, the petitioner approached this court, seeking a direction to the rent control court, Cherthala to consider and dispose of the aforesaid case, within a time frame.
Having regard to the hardship caused to the petitioner, by the pendency of Ext.P2 petition, the rent control court, Cherthala is directed to consider and dispose of Ext.P2 petition at the earliest, at any rate, within a period of one
month from the date of receipt of a copy of this judgment.
The original petition is disposed of.
Sd/- K. HARILAL JUDGE
Sd/- C.S. DIAS JUDGE
ncd/21/11/19
OP(RC)No.193/2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF THE COMMON ORDER OF THE HON'BLE RENT CONTROL,CHERTHALA,IN R.C.P..NO.7/2013,R.C.P.NO.10/2013 AND R.C.P.11/2013,DATED 10.07.2018.
EXHIBIT P2 THE COPY OF THE PETITION FILED BY THE RESPONDENT SEEKING TO SET ASIDE THE EXHIBIT P1 EX-PARTE ORDER,AS I.A.NO.1856/2018 IN R.C.P.NO.7/2013 IN THE FILES OF THE HON'BLE RENT CONTROL COURT,CHERTHALA,DATED 24.07.2018.
EXHIBIT P3 THE COPY OF THE STATEMENT OF OBJECTION FILED BY THE PETITIONER HEREIN IN I.A.NO.1856/2018 IN R.C.P.NO.7/2013 IN THE FILES OF THE HON'BLE RENT CONTROL COURT, CHERTHALA,DATED 08.01.2019.
1 issue framed by the court
Whether the Rent Control Court should be directed to dispose of the pending I.A. within a specific timeframe to alleviate hardship caused by pendency.
Kunjumoiden
Chandrika
K. Harilal
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
