High CourtsDivision Bench

Sheela vs Abdul Gafoor

High Court Of Kerala · Decided on 14 September 2023 · Citation: (2023) 09 KL CK 0117

HON’BLE JUDGES
Anil K. Narendran, J · Sophy Thomas, J
ACTS & SECTIONS REFERRED
Kerala Buildings (Lease and Rent Control) Act, 1965 — Section 11(2), 11(3)
RESULT
Disposed Of
CASE NUMBER
Original Petition (Rent Control) No.154 Of 2023
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Judgment

6 paragraphs · 296 words

Sophy Thomas, J.

1.

The respondent/tenant in RCP No.99 of 2022 on the file of Rent Control Court, Thiruvananthapuram filed the above original petition for a direction to the Rent Control Court to issue certified copy/carbon copy of the order dated 24.08.2023 and also to keep further proceedings in RCP No.99 of 2022 in abeyance, till issuance of the certified copy/carbon copy.

2.

The landlord filed above RCP for evicting the tenant under Sections 11(2) and 11(3) of the Rent Control Act. The tenant filed objection disputing the landlord-tenant relationship as well as the title of the landlord. As per order dated 24.08.2023, the Rent Control Court dismissed the plea of the tenant and listed the case for trial on 15.09.2023. She intended to file an appeal for which she applied for carbon copy/certified copy of the order, but the same is not issued so far. Meanwhile, she filed application to remove the case from the list but the same was dismissed. If the trial is commenced without issuing certified copy/carbon copy, she will be put to irreparable injury, loss and hardship and hence she filed the above original petition.

3.

Considering the nature of relief proposed to be granted, there is no necessity to issue notice to the respondent and hence notice is dispensed with.

Taking note of the facts and circumstances and also the arguments advanced from the side of the original petitioner/tenant, the Rent Control Court, Thiruvananthapuram is directed to issue certified copy of the order dated 24.08.2023 in RCP No.99 of 2022 as per application No.A 4137 and A 4123 within two weeks from today. Till such time, all the proceedings in RCP No.99 of 2022 shall be kept in abeyance.

OP(RC) is disposed of accordingly and no order as to costs.