High CourtsDivision Bench(2021) 01 KL CK 0495

Bhabha vs Abbaz

High Court Of Kerala · Decided on 21 January 2021

HON’BLE JUDGES
A. Hariprasad, J · T.V. Anilkumar, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (Rent Control) No. 128 Of 2020

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Judgment

14 paragraphs · 243 words

A. Hariprasad, J

1.

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.