IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 14^TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 OP (RC) NO. 154 OF 2023 (RCP 99/2022 OF RENT CONTROL COURT, THIRUVANANTHAPURAM)

PETITIONER:

SHEELA, D/O.SARASWATHI, AGED 56 YEARS, INDRANEELAM, SREENAGAR RESIDENT, SRA-10, TOWN WARD, KATTUKULAM ROAD, KAZHAKKUTTAM, THIRUVANANTHAPURAM, PIN -

695582 BY ADVS.

K.P.SUJESH KUMAR KEERTHI K.NARAYANAN RESPONDENT:

ABDUL GAFOOR, S/O MEERAN PILLAI, AGED 60 YEARS, VARUVILAKATH VEEDU, KAZHAKKUTTAM, THIRUVANANTHAPURAM, PIN 695582.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Sophy Thomas, J.

The respondent/tenant in RCP No.99 of 2022 on the file of Rent Control Court, Thiruvananthapuram filed the above original petition for a direction to the Rent Control Court to issue certified copy/carbon copy of the order dated 24.08.2023 and also to keep further proceedings in RCP No.99 of 2022 in abeyance, till issuance of the certified copy/carbon copy.

2. The landlord filed above RCP for evicting the tenant under Sections 11(2) and 11(3) of the Rent Control Act. The tenant filed objection disputing the landlord-tenant relationship as well as the title of the landlord. As per order dated 24.08.2023, the Rent Control Court dismissed the plea of the tenant and listed the case for trial on 15.09.2023. She intended to file an appeal for which she applied for carbon copy/certified copy of the order, but the same is not issued so far. Meanwhile, she filed application to remove the case from the list but the same was dismissed. If the trial is commenced without issuing certified copy/carbon copy, she will be put to irreparable injury, loss and hardship and hence she filed the above original petition.

3. Considering the nature of relief proposed to be granted, there is no necessity to issue notice to the respondent and hence notice is dispensed with.

Taking note of the facts and circumstances and also the arguments advanced from the side of the original petitioner/tenant, the Rent Control Court, Thiruvananthapuram is directed to issue certified copy of the order dated 24.08.2023 in RCP No.99 of 2022 as per application No.A 4137 and A 4123 within two weeks from today. Till such time, all the proceedings in RCP No.99 of 2022 shall be kept in abeyance.

OP(RC) is disposed of accordingly and no order as to costs.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

SOPHY THOMAS, JUDGE smp APPENDIX OF OP (RC) 154/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEMORANDUM OF RCP NO.

99/2022 ON THE FILE OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM DATED

13/12/2022.

Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN RCP NO. 99/2022, DATED

16/06/2023 BEFORE THE RENT CONTROL COURT, THIRUVANANTHAPURAM.