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2025 Supreme(Online)(Ker) 57919

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
XAVIER DEVASSY – Appellant
Versus
THOMAS – Respondent
OP (RC) NO. 262 OF 2025 | I.A. 1/2025 | RCA NO.114 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. ENOCH DAVID SIMON JOEL, SRI. S. SREEDEV, SRI. RONY JOSE, SHRI. LEO LUKOSE, SRI. KAROL MATHEWS, SEBASTIAN ALENCHERRY, SHRI. DERICK MATHAI, SRI. KARAN SCARIA ABRAHAM, SHRI. RINOY INNOCENT, SHRI. AADITHYA S.R.

The court emphasized expeditious consideration of appeals related to rent control petitions.

Headnote:The petitioner filed R.C.A No.114 of 2025 challenging maintainability of the rent control petition, which is pending. The landlord applied under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The court directed the Rent Control Appellate Authority to decide the appeal within four weeks and continued the interim stay order. The petitioner's request was granted to serve a copy to the respondent's counsel. This original petition is disposed of as above.

Table of Content
1. tenant challenges the maintainability of the rent control petition. (Para 1)
2. court's directive for timely appeal consideration. (Para 2 , 3 , 4 , 5)

A. Muhamed Mustaque, J.

The petitioner is the tenant. The tenant filed R.C.A No.114 of 2025, challenging the issue related to maintainability of the rent control petition before the Rent Control Appellate Authority, Irinjalakuda, and the same is pending.

2. In the meanwhile, the landlord filed an application under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act , 1965, (for short “Act”).

3. The petitioner apprehends that adverse orders might be passed, before the appeal filed by him is considered by the Rent Control Appellate Authority. Therefore, we direct the Rent Control Appellate Authority to consider and pass orders on the appeal within four weeks from today.

4. Till then, the interim order of stay will continue.

5. The petitioner shall serve a copy of this order on the learned counsel appearing for the respondent before the trial court.

This original petition is disposed of as above.

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