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2026 Supreme(Online)(Ker) 14502

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
BAPPANTAKATH UBAID – Appellant
Versus
A. U. RAJU – Respondent
OP (RC) NO. 43 OF 2026 | RCP NO.16 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.ANUROOP, SRI.M.DEVESH, SHRI.MURSHID ALI M., SMT.JYOTHIS MARY, SMT.S.K.SREELAKSHMY

The court emphasizes the importance of timely judicial proceedings while ensuring fairness in the treatment of all litigants.

Headnote:The petitioner seeks a directive for expeditious disposal by the Rent Control Court, invoking the precedent set in 'Prema Joy v. John Britto', emphasizing the necessity for timely judicial proceedings while maintaining procedural integrity. The court requests adherence to procedural guidelines to ensure fair treatment among litigants. In conclusion, the request for expedited consideration of the appeal is granted accordingly.

Table of Content
1. demand for fast-tracking the rental dispute case. (Para 2 , 4)
2. reference to prior case emphasizing timely hearings. (Para 3)
3. court's request to the rent control court for expedited handling. (Para 5 , 6)

JUDGMENT Dated this the 24th day of February, 2026 Soumen Sen , C.J.

Heard Ms. S.K. Sreelakshmi, learned counsel for the petitioner.

2. This petition is filed seeking a direction to the Rent Control Court, Payyannur to dispose of R.C.P.No.16 of 2025 as expeditiously as possible.

3. The learned counsel for the petitioner placed reliance on the judgment of a coordinate Bench presided over by Mr. Justice A. K. Jayasankaran Nambiar in Prema Joy and another v. John Britto1, wherein petitions were filed seeking out-of-turn or early disposal of the appeal. Paragraph 7 of the judgment reads as follows:

“7. If any party desires to have its heard out of turn, it shall move an application for an early or out-of-turn hearing based on any justifiable or valid reasons before the court concerned and, the Rent Control Court/Appellate authority as the case may be shall

1 2023 (4) KHC 39

dispose of such an application as expeditiously as possible, at any rate, within two weeks from the date of moving such application. Brief speaking orders will have to be passed by the said courts, either allowing or rejecting the prayer for an early hearing. The courts will bear in mind that the normal rule is to go by the queue, and only in exceptional cases where justifiable and genuine reasons are made out requests for taking up cases on a priority basis should be entertained. Only after the above exercise is done can a litigant approach this Court with a prayer seeking expeditious disposal of the case. This, we feel, will ensure avoidance of any kind of judicial injustice by the Court contributing its part to the delay in the dispensation of justice by indiscriminate entertainment of the types of petitions noticed above. Equality before law implies an absence of any special privilege. So does equal protection of laws by ensuring equality of treatment among people in similar circumstances. All litigants are to be accorded the same treatment by administering law in an even-

handed manner.

Accordingly, these original petitions are closed without prejudice to the petitioners' right to move the court concerned with an application as stated above. The Courts concerned will deal with the applications as directed in this judgment. The Registrar (District Judicary) is directed to communicate this order to all Rent Control Appellate Authorities and to Rent Control Courts, forthwith for compliance.”

4. Learned counsel for the petitioner seeks expeditious disposal of the appeal.

5. In view of the fact that the matter is pending before the Rent Control Court, Payyannur, we request the Rent Control Court to consider and dispose of the rent control pettion, in the light of the observations contained in paragraph No. 7 in Prema Joy (supra), as expeditiously as possible, subject to the convenience of the court.

6. Having regard to the nature of the order passed, we do not propose to issue notice to the respondents.

7. Accordingly, the petition is disposed of.

Sd/-

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