GUILDSOFT TECHNOLOGIES LTD. Vs. SREE CHITHIRA THIRUNAL GRANDHASALA

JUDGEMENT

(1.) The petitioner is the tenant, who is facing execution proceedings in E.P. No.376 of 2017, filed in execution of the order of eviction passed in R.C.P. No.17 of 2011 of the Rent Control Court, Thiruvananthapuram.

(2.) According to the petitioner, aggrieved by the order of eviction passed in the above R.C.P., he had preferred R.C.A. No.12 of 2014 before the Rent Control Appellate Authority, Thiruvananthapuram. During the pendency of the said appeal, he has filed Interlocutory Application No.2563 of 2016 under Order 11, Rule 14 of the Code of Civil Procedure, 1908(hereinafter referred to as 'the C.P.C.) to cause production of a document by the respondent/landlord. But, the Appellate Authority has posted the aforesaid Interlocutory Application, for hearing along with the final hearing of the Rent Control Appeal.

(3.) Aggrieved by the non-consideration of the said Interlocutory Application, before the final hearing of the Rent Control Appeal, the petitioner had filed O.P.(RC) No.84 of 2017 before this Court, seeking a direction to the Rent Control Appellate Authority, Thiruvananthapuram to consider and dispose of the aforesaid Interlocutory Application, within a specified time. This Court allowed the said O.P.(RC) and passed Ext.P1 judgment, directing the Rent Control Appellate Authority to dispose of the said application, within a period of one month from the date of receipt of a copy of the judgment and the petitioner has informed the Appellate Authority about Ext.P1 by filing Ext.P2 affidavit, along with the case status of the said O.P.(RC)No.84 of 2017 obtained from the official website of the High Court. But, the Appellate Authority passed final order in appeal on 23.06.2017, dismissing the appeal.