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Courts should allow priority hearing only in exceptional cases when litigant furnishes genuine reasons: Kerala High Court

Hence, the Court directed that if a party has genuine or valid reasons for their case to be prioritized for hearing, the rent control court/appellate authority should dispose of such applications 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“, the Court elaborated.

It was made clear that only after this process is completed can a litigant approach the High 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,” the order stated.

Source: Barandbench

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