K.T.Sankaran, J. In the manner in which we propose to dispose of the Original Petition (Rent Control), it is not necessary to issue notice to the respondent.
2. The petitioner filed R.C.P.No.133 of 2012 on the file of the Rent Control Court, Kannur against the respondent under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). On the failure of the respondent to appear at the time of hearing, he was declared exparte and an exparte order of eviction was passed by the Rent Control Court on 5.11.2012. The tenant filed I.A.No.4027 of 2012 to set aside the exparte decree. That application was allowed as per the order dated 31.12.2012 on condition of payment of ₹6,000/- as costs. It is stated that challenging the direction to pay costs, the tenant filed R.C.A.No.25 of 2013 before the Rent Control Appellate Authority, which is pending disposal. It is alleged that the tenant is trying to protract the appeal in spite of the fact that the landlord was ready to argue the appeal.
O.P.(R.C.) NO.154 OF 2014 (O) :: 2 ::
3. The relief prayed for in the Original Petition (Rent Control) is to issue a direction to the Rent Control Appellate Authority to dispose of R.C.A.No.25 of 2013 within a time limit.
4. Since the only question involved in the Rent Control Appeal is with respect to costs, we do not think that there is any impediment in disposing of the appeal at the earliest. Accordingly, there will be a direction to the Rent Control Appellate Authority, Thalassery to dispose of R.C.A.No.25 of 2013 as expeditiously as possible and at any rate, on or before 31.1.2015.
The Original Petition (Rent Control) is disposed of as above. The petitioner shall produce the certified copy of this judgment before the Rent Control Appellate Authority before 15.12.2014 (K.T.SANKARAN) Judge ahz/ (P.D. RAJAN) Judge