IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 OP (RC).No. 2561 of 2011(O) --------------------------- AGAINST THE ORDER DATED 18/07/2011 IN IA 4021/11 & IN RCP.159/2010 of III ADDITIONAL MUNSIFF & RENT CONTROL COURT, ERNAKULAM. .................... PETITIONER ------------------------------ VIJAYAKUMAR PADAMSHI,AGED 60 YEARS, S/O.PADAMSHI VELGI ,V/669,PANCHASHEEL BUILDING, GUJARATI ROAD, KOCHI-2. BY ADV. SRI.N.ASHOK KUMAR SRI.N.C.SAJITH RESPONDENT(S): --------------- 1. P.V.ANTONY,S/O.P.A.VARGHESE, PULICKAL HOUSE, WATER FRONT ENCLAVE, CHILAVANNUR, KOCHI 682 020. 2. JITHENDRA KUMAR,PADAMSHI,31/615, KACHAPPALLY ROAD, VYTTILA,KOCHI 682 019. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF PETITION IN RCP NO.159/10 FILED BY 1ST RESOIBDEBT DATED 11/10/10 BEFORE RENT CONTROL COURT, ERNAKULAM. EXT.P2 - TRUE COPY OF OBJECTION FILED BY PETITIONER IN RCP NO.159/10 DATED 17/1/2011. EXT.P3 - TRUE C OPY OF PETITION IN I.A.NO.4021/11 IN RCP NO.159/2010 DATED 15/6/2011. EXT.P4 - TRUE COPY OF COUNTER AFFIDAVIT DATED 8/7/2011 FILED BY 1ST RESPONDENT HEREIN BEFORE RENT CONTROL COURT, ERNAKULAM. EXT.P5 - TRUE COPY OF PETITION AS I.A.NO.4201/2011 IN RCP NO.159/10 DATED 13/7/2011. EXT.P6 - TRUE COPY OF COMMON ORDER IN I.A. NO.4021/11 AND 4201/11 IN RCP NO.159/10 OF RENT CONTROL COURT, ERNAKULAM, DATED 18/7/2011. //true copy// P.S. to Judge R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- O.P.(RC) No. 2561 of 2011 ------------------------------------------------- Dated this the 8th day of August, 2011 JUDGMENT Basant,J. A rent control petition filed against the petitioner stands listed for trial. This was filed in 2010 and the same had come up for trial before the Rent Control Court. At that stage, the petitioner filed an application for serving an interrogatory on the landlord. The Rent Control Court, by the impugned order, took the view that it is not necessary now, at this belated hour, to permit the petitioner to serve interrogatory on the respondent/landlord. The Rent Control Court noted that all the relevant details can be elicited in cross-examination of the witnesses on the side of the landlord. Apprehending that the grant of the prayer might lead to unnecessary protraction of the proceedings, the learned Rent Control Court with appropriate observations dismissed the petition. O.P.(RC) No. 2561 of 2011 -: 2 :- 2. The petitioner claims to be aggrieved by the impugned order. According to the petitioner, this Court ought to invoke the extraordinary jurisdiction under Art.227 of the Constitution to interfere with the impugned order passed by the trial court. 3. We have considered all the relevant inputs. We may not agree with the Rent Control Court that all the answers sought to be elicited by serving interrogatory on the landlord are irrelevant. But even that does not persuade us to invoke our extraordinary constitutional jurisdiction under Art.227 of the Constitution to interfere with the impugned order. We are informed by the learned counsel for the petitioner that the rent control petition stands adjourned now at the request of the learned counsel for the landlord. Be that as it may, we are not persuaded to invoke our jurisdiction under Art.227 of the Constitution. We take note of the observations by the Rent Control Court that all the relevant details can be elicited in cross-examination. If there be any unsatisfactory answers in cross-examination, needless to say, the petitioner shall be at liberty to pursue further steps. 4. With the above observations, this original petition is O.P.(RC) No. 2561 of 2011 -: 3 :- dismissed. 5. Hand over a copy of this judgment to the learned counsel for the petitioner. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge O.P.(RC) No. 2561 of 2011 -: 4 :-