G RADHA LAKSHMY Vs. INDIAN SAREE HOUSE

JUDGEMENT

(1.) THIS original petition under Article 227 of the Constitution of India has been filed by the petitioners who are landlords- respondents in R.C.A.No.12/2012 on the files of the Ist Additional District Court & Rent Control Appellate Authority, Ernakulam seeking the following reliefs: a) Direct the court below to issue an order to the appellants to undertake that appearance of the 6th respondent also will be made by their counsel or to complete service within a stipulated time. b)Issue a direction to the court below to call for the records and dispose of RCA 12 of 2012 as early as possible."

(2.) THE submission of Mr.K.P.Sreekumar, learned counsel for the petitioner is that the learned Appellate Authority is not able to dispose of the above R.C.A. because the third respondent herein one I.S.Nishant, (6th respondent in the R.C.A.) has not been served with notice of the R.C.A. Mr.K.P.Sreekumar, learned counsel for the petitioner pointed out that Mr.I.S.Nishant filed R.C.R.No.231/2005 along with respondent No.1 and another, in his capacity as a partner of M/s.Indian Saree House, the tenant. As directed by us, Shri Martin Jose has entered appearance on behalf of respondents 1 and 2. Mr. K.P.Sreekumar requested that Mr.Martin Jose be directed to enter appearance on behalf of Mr.Nishant also before the Rent Control Appellate Authority. Mr.Martin Jose submitted that he does not have instruction presently from Mr.Nishant and hence it will be difficult to enter appearance on behalf of Mr.Nishant who is presently abroad. It is not disputed before us that Mr.Nishant is a partner of Indian Saree House. It is also not disputed before us that as Mr.Nishant did not raise any separate contest in the R.C.P., we are of the view that whatever interest Mr.Nishant has in the subject matter of the litigation (the building) is adequately represented by M/s.Indian Saree House, the tenant who has already entered appearance before the Appellate Authority.