Kerala High Court
Bhabha vs Bhabha on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE T.V.ANILKUMAR
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
OP (RC).No.128 OF 2020
RCA 122/2019 OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR.
PETITIONER/RESPONDENT/ORIGINAL PETITIONER :
BHABHA, AGED 53 YEARS,
S/O.KAITHAVALAPPIL GANGADHARAN,
KOTTANELLUR VILLAGE DESOM, KOTTANELLUR P.O.,
THRISSUR DISTRICT-680 661, REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER NISHANTH, AGED 40,
S/O.SADANANDAN, RAMAN KULATH HOUSE,
THALIKULAM P.O., CHAVAKKAD TALUK,
THRISSUR DISTRICT - 680 569.
BY ADV. SRI.G.SREEKUMAR (CHELUR).
RESPONDENT/APPELLANT/COUNTER PETITIONER :
ABBAZ, AGED 50 YEARS,
S/O.NELLIKOTTU KUNJAKUTTI, VELLANGALLUR P.O.,
ERUMATHADAM DESOM, VADAKUMKARA VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 662.
R1 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN
R1 BY ADV. SRI.K.S.RAJESH.
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.128 of 2020 2
A.HARIPRASAD & T.V.ANILKUMAR, J J.
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O.P (R.C) No.128 of 2020
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Dated this the 21st day of January, 2021
JUDGMENT
A.HARIPRASAD, J
Heard the learned counsel for petitioner and respondent.
2. Aggrieved by non consideration of Ext.P2 application pending
before the Rent Control Appellate Authority, Thrissur requesting to
transfer RCA No.122 of 2019 pending before it to the Additional District
Court, Irinjalakuda within whose jurisdiction the parties are residing, the
petitioner has approached this Court.
3. Learned counsel for the respondent submitted that in the
application the apprehension raised by the petitioner is that there could be
delay in disposing the case. According to him, instead of filing such an
application for transfer he could have moved the Rent Control Appellate
Authority for an early disposal.
4. It is pointed out by the learned counsel for the respondent that
earlier an application for transfer, viz.; Tr.P No.533 of 2019, was dismissed
by a learned Single Judge by order dated 11-08-2020. However, we may
not be detained by that order from considering the merit of the matter.
Having regard to the facts and circumstances, we are not
impressed with the contentions raised by the respondent. Since the Rent
Control Appellate Authority, Irinjalakuda can dispose of the matter
conveniently, where the parties reside in its jurisdiction, we hereby invoke
our jurisdiction under Section 24 of C.P.C and Article 227 of the
Constitution of India and direct the Rent Control Appellate Authority,
Thrissur to transmit the entire records relating to RCA No.122 of 2019 to
the Additional District Court, Irinjalakuda for hearing and disposal.
A. HARIPRASAD,
JUDGE.
T.V.ANILKUMAR
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE R C A 122 OF 19
PENDING ON THE FILES OF THE RENT
CONTROL APPELLATE AUTHORITY, PRINCIPAL
DISTRICT COURT, THRISSUR DATED 20.5.19.
EXHIBIT P2 A TRUE COPY OF THE I.A.NO.1 OF 20 IN
R C A NO.122 OF 19 FILED DATED 24.8.20.
EXHIBIT P3 A TRUE COPY OF THE FINAL JUDGMENT IN
TRP C NO.533 OF 2019 BEFORE THIS
HON'BLE COURT DATED 11.8.2019.
EXHIBIT P4 A TRUE COPY OF THE POWER OF ATTORNEY
DATED 9.6.2017.
RESPONDENT'S EXHIBITS : NIL.
