Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 13TH DAY OF AUGUST 2013 22ND SRAVANA, 1935 OP (RC).No. 2684 of 2013 (O) ----------------------------- AGAINST THE ORDER/JUDGMENT IN RCA 1/2011 of I ADDL.D.C. & ADDL.MACT,KOLLAM) PETITIONER: ----------- JAYA GOPAL, AGED 5 YEARS, S/O.SARVOTHAMA RAO, VILLA NO.8, GREEN LEAVES, THATTAMALA.P.O-691020, KOLLAM, KERALA. BY ADVS.SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI SMT.NISHITHA B.BHAT RESPONDENT(S): ------------- NINAN, AGED 5 YEARS, S/O.KUNJANDI, PROPRIETOR BHARATH FINANCIERS, SARADA BUILDING, OPPOSITE UNION BANK, KOLLAM WEST VILLAGE, CUTCHERY.P.O, KOLLAM RESIDING AT ALUMMOOTTIL VEEDU, PIDAVOOR CHERRY, PIDAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM-691001. THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 13-08- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (RC).No. 2684 of 2013 (O) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 THE PHOTOCOPY OF THE ORDER DATED 22 11.2010 IN R.C.P.11/2010 EXT.P2 THE PHOTOCOPY OF THE APPEAL R.C.A.1/2011 EXT.P3 THE PHOTOCOPY OF THE JUDGMENT DATED 25 1.2012 IN R.C.A.NO.1/2011. RESPONDENT(S)' EXHIBITS: NIL ------------------------ /TRUE COPY/ P.S. TO JUDGE. T.R.RAMACHANDRAN NAIR & A.V.RAMAKRISHNA PILLAI,JJ.
- - - - - - - - - - - - - - - - - - - - - O.P.(RC) No. 2684 OF 201.- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2013 JUDGMENT
Ramachandran Nair, J The petitioner herein, who is the landlord of a building scheduled in RCP No.11/2010, is the respondent in RCA No.1/2011 on the files of the Ist Additional District Judge, Kollam. Ext.P2 is a copy of the appeal preferred by the respondent/tenant. Once the appeal was dismissed for default, as evidenced from Ext.P3, the same was restored back to the file on the application of the respondent/tenant. It is pointed out that even though the appeal has been posted 33 times for hearing so far, the appeal has not been taken up for hearing.
2. We had called for the report from the 1st Addl. District Judge, Kollam. The report states that the case stands posted for hearing on 12/8/2013 with I.A. No.846/2013 filed by the respondent under Section 12 of B.R.C. Act. It is submitted by the learned counsel for the petitioner/landlord that the petitioner is interested in getting the O.P.(RC) No.2684/2013 2 appeal itself disposed of without even a separate order being passed in I.A. No.846/2013. Considering the prayer of the petitioner, we direct the Appellate Authority to dispose of the appeal as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment by the petitioner. Sd/- T.R.RAMACHANDRAN NAIR, Judge. Sd/- A.V.RAMAKRISHNA PILLAI, Judge. dpk /True copy/ P.S to Judge. O.P.(RC) No.2684/2013 3