IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 3405 of 2010(A) ------------------------- AGAINST THE ORDER IN IA.4706/08 IN RCP.32/2008 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- 1. ROSILY, AGED 60 YEARS, W/O.LATE C.I.FRANCIS, SINDHU TRADERS, KRISHNA PRABHU BUILDING, BASIN ROAD, KOCHI-31. 2. SINDHU, AGED 39 YEARS, D/O.LATE C.I.FRANCIS, SINDHU TRADERS, KRISHNA PRABHU BUILDING, BASIN ROAD, KOCHI-31. BY ADV. SRI.JOHNSON ABRAHAM SRI.S.GOPINATHAN SRI.NELSON ABRAHAM RESPONDENT(S): --------------- V.RAMANADA PRABHU, AGED 71 YEARS, S/O.VENKITESWARA PRABHU, VRINDAVAN, KARMA ROAD, ELAMAKKARA, KOCHI-26. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 3405 OF 2010 ------------------------ Dated this the 2nd day of January, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this writ petition under Article 227 of the Constitution filed by the respondents in a Rent Control Petition seeking eviction on the ground of bona fide need for own occupation, is Ext.P6 order. We notice that Ext.P6 is an order passed by the local Rent Control Court under Section 12(2) of Act 2 of 1965. Ext.P6 is not a final order. If and when a final order under Section 12(3) is passed by the Rent Control Court, the petitioners have a statutory remedy of regular appeal under Section 18 of Act 2 of 1965. We, therefore, are not inclined to examine the merits of the grounds raised in the writ petition against Ext.P6 order. 2. At the same time, we notice elements of genuineness in another grievance voiced by the petitioners. Through the statement of objection filed by the petitioners to the Rent Control Petition, they had inter alia denied the landlord's title and also the existence of landlord-tenant relationship between them and WPC.No.3405/2010 2 the petitioner in the RCP. Regarding the issue as to whether the denial of title raised by the petitioners is a bona fide one, we are informed that, the matter has been heard and decided by the Rent Control Court as early as on 3/11/1999. The grievance is that though a certified copy of the order of the learned Rent Control Court on that issue was readily applied for, till this date copy is not issued. 3. Yet another grievance, which is raised in the petition and urged before us by Sri.Johnson Abraham learned counsel for the writ petitioners, is that the learned Rent Control Court has special listed the RCP for trial on 9/2/2010. If the RCP is allowed to be tried, the appeal, which the petitioners intend to prefer against the decision of the Rent Control Court on the issue regarding the bona fides of the denial of title, will be rendered infructuous. We notice some genuineness in the above grievance also. Since it is only limited reliefs, which are being given to the petitioners, we are inclined to dispose of the writ petition even without issuing notice to the respondent. Accordingly, the writ petition is disposed of in the following terms; i). The challenge against Ext.P6 order is not considered WPC.No.3405/2010 3 since the same is not a final order of eviction under Section 12 (3). The grounds of challenge raised against Ext.P6 are reserved to be considered by the Rent Control Appellate Authority if and when an appeal against the final order of eviction under Section 12(3) is preferred. ii). The Rent Control Court, Ernakulam, is directed to issue certified copy of the order of the Rent Control Court in RCP No.32/2008 dated 3/11/1999 deciding the issue as to whether the denial of the landlord's title by the petitioners is bona fide at the earliest ( if the application for copy made in that regard is in order and is pending). Copy shall be issued at any rate within seven days of receiving a copy of this judgment. Iii). Considering the above directions, there will be a further direction to the Rent Control Court, Ernakulam, to adjourn the trial of RCP No.32/2008 by at least one month from 9/2/2010. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk