AZEEM MUHAMMED ANZARI Vs. ABDUL HAJI

JUDGEMENT

(1.) THIS petition is for transfer of R.P (BRC) No.1 of 2011 of the court of learned Additional District Judge-I, Mavelikkara. Petitioner got an order for eviction of respondent based on a settlement between the parties, under Section 11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. According to the petitioner, since respondent did not vacate the premises in tune with the compromise, he filed application for execution of the order before the executing court. Respondent raised objections which were ultimately overruled and delivery was ordered. That order is challenged in R.P(BRC) No.1 of 2011 in the court of learned Additional District Judge-I, Mavelikkara. In the meantime, respondent came to this Court with W.P(C) No.14896 of 2011 seeking police protection against forcible eviction. THIS Court disposed of that Writ Petition as per Annexure-2, judgment dated June 09, 2011. In view of submission made by the learned Government Pleader the Division Bench thought that no specific direction need be issued in the matter. In that proceeding petitioner herein (respondent No.5 in the Writ Petition) sought a direction to the learned Additional District Judge-I, Mavelikkara to expedite disposal of R.P(BRC) No.1 of 2011. The Division Bench observed,

(2.) GRIEVANCE of petitioner is that in spite of records of the case being obtained from the executing court and request made by petitioner, R.P(BRC) No.1 of 2011 has not so far been disposed of. It is pointed out that though the case by now had 22 postings, the matter is not disposed of so far notwithstanding that there was a request on the part of petitioner for early disposal of the case in the light of the observations made by the Division Bench in Annexure-2, judgment. The various posting dates of R.P(BRC) No.1 of 2011 are also given in this petition. In the circumstances the request for transfer. Learned counsel submitted that since the matter is urgent and having regard to the circumstances stated the case may be transferred to some other court for a decision.