T.A.SUNNY Vs. BOBBY MANI

JUDGEMENT

(1.) BOTH the petitioners are aggrieved by Ext.P7 order of the learned Rent Controller refusing to stay the trial of R.C.(O.P) No.34/2011, which is an application filed by the respondent seeking fixation of fair rent of the premises. Stay was sought on the ground that A.S. No.192/2011, which is an appeal filed by the petitioners challenging the decree and judgment in O.S. No.200/1992, is pending.

(2.) THE view taken by the learned Rent Controller in Ext.P7 is that Ext.P6 application is filed only to protract the proceedings and the petitioners have not moved the appellate court for staying the proceedings.

(3.) THE petitioners' contention is that the issue, as to whether the landlords have title over the petition schedule property or not, is pending consideration in the appeal and unless and until the same is disposed of, the Rent Control Court will not be justified in proceeding with the matter.