MULLOL RAMACHANDRAN VAIDYAR Vs. VANATHAN KANDY HAFSATH

JUDGEMENT

(1.) The petitioner is the respondent in R.C.P.No.30 of 2017 pending before the Rent Control Court (Munsiff), Thalassery. It was filed by the respondents seeking eviction under Sec. 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The rent control petition is now ripe for trial. The petitioner has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India seeking to stay all further proceedings in the rent control petition till the disposal of R.F.A.No.583 of 2015 pending before this Court. The further relief prayed for is to set aside Ext.P7 order by which the Rent Control Court dismissed I.A.No.1 of 2022 in R.C.P.No.30 of 2017 filed by the petitioner seeking a similar relief.

(2.) On 14/2/2022, this petition was admitted and notice was ordered to be served on the respondents, through their counsel appearing in the Rent Control Court, Thalassery, where R.C.P.No.30 of 2017 is pending. A report from the Rent Control Court with respect to the status of I.A.No.1 of 2022 was called for and as per the report dtd. 15/2/2022 the Rent Control Court reported that I.A.No.1 of 2022 was already dismissed and the rent control petition was posted for trial to 2/3/2022.

(3.) Pursuant to notice, the respondents entered appearance through their counsel. On 2/3/2022, the petitioner filed I.A.No.1 of 2022 seeking to amend the original petition, which was allowed. The petitioner has placed on record the amended original petition.