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Judgment
Heard learned Counsel appearing on behalf of the Respondent- landlord.
Learned counsel for the Appellant has not bothered to appear before this Court today. In the facts and circumstances of the case, we are of the view that as the restoration application has been allowed and the appeal filed before the High Court against the eviction decree has been restored, the present SLP has become infructuous. But in fitness of things, it is expedient to stay further proceeding till the disposal of F.A.(OS) No. 34 of 2002 and the appeal should be disposed of within a reasonable time and all dilatory tactics adopted by the tenant shall be defeated. In view of this, we direct that pending disposal of the said First Appeal, the eviction decree shall not be executed and the High Court shall dispose of the matter with utmost expedition and preferably within a period of six months from the date of receipt/production of copy of this order. Both the parties shall cooperate the High Court in disposing of the appeal within the aforesaid time schedule. In case the tenant adopts dilatory tactics in disposal of the appeal within the time schedule, the High Court shall record an order to that effect and from the date such an order is recorded, this interim order passed by this Court shall stand vacated and the decree shall be executed forthwith, if necessary, by deputation of the armed forces.
With the aforesaid direction, the SLP is disposed of.