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Joseph Kavalam vs Santhosh

High Court Of Kerala|10 June, 2014
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JUDGMENT / ORDER

Muhamed Mustaque, J.
This Original Petition (Rent Control) is filed by the landlord seeking early disposal of the Rent Control Petition filed by him as R.C.O.P.No.21 of 2007 on the file of the Rent Control Court, Changanacherry.
2. It is admitted by the petitioner that the case was posted for trial in the year 2011 and it was dismissed on account of absence of the petitioner. It is submitted that the Rent Control Petition was restored in the year 2013. The landlord also have filed an application to amend the Rent Control Petition by incorporating a ground under Section 11(4) of the Kerala Buildings (Lease and Rent O.P.(R.C.) NO. 69 OF 2014 (O) :: 2 ::
Control) Act, that is evident from Ext.P3. It also appears that the original tenant died and respondent Nos.2 to 6, who were impleaded as supplemental respondents after the death of the first respondent, remained absent in the proceedings. The Rent Control Court, as per the order dated 29.3.2014, ordered to verify the address on which respondent Nos.2 to 6 were served. It was submitted before the Rent Control Court that all the steps are served on mother and correct address furnished. It was posted to 21.5.2014 and it was again reposted to 11.6.2014 for steps.
3. Having advert to the facts involved in the case, we are sure, the Rent Control Court was taking earnest steps for disposal of the matter. However, considering the fact that the Rent Control Petition is of the year 2007, we find, it is expedient to the Rent Control Court to dispose of the matter at an earlier point of time as seven years have elapsed since the date of filing of the Rent Control Petition. We, therefore, direct the Rent Control Court, Changanacherry to dispose of R.C.O.P.No.21 of 2007 as O.P.(R.C.) NO. 69 OF 2014 (O) :: 3 ::
expeditiously as possible, preferably, within four months from today. We also direct the petitioner to take all steps and co-operate with the proceedings before the court below for the earliest disposal of the Rent Control Petition.
The Original Petition (Rent Control) is disposed of as above.
(K.T.SANKARAN) Judge (A.MUHAMED MUSTAQUE) Judge ahz/
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Title

Joseph Kavalam vs Santhosh

Court

High Court Of Kerala

JudgmentDate
10 June, 2014
Judges
  • K T Sankaran
  • A Muhamed Mustaque
Advocates
  • Sri
  • Bhat Sri Legith
  • T Kottakkal