High CourtsDivision Bench(2025) 02 KL CK 1253

Suresh vs Sree Narayana Smaraka Samathi Trust

High Court Of Kerala · Decided on 10 February 2025

HON’BLE JUDGES
A.Muhamed Mustaque, J · P. Krishna Kumar, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (RC) No. 38 Of 2025

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Judgment

6 paragraphs · 192 words

A.Muhamed Mustaque, J.

1.

The petitioner filed an appeal before the Rent Control Appellate Authority against an eviction order, which was numbered as RCA No.25 of 2022. This appeal was dismissed for default. An application for restoration has been filed along with an application to condone the delay of 74 days. That application is pending. In the meanwhile, the landlord filed an application to execute the order of eviction. However, apprehending that the delivery will be effected while the application is pending before the the Rent Control Appellate Authority, the petitioner approached this Court.

2.

Having considered the facts and circumstances of the case, we pass the following orders;

The Rent Control Appellate Authority shall consider the application for restoration within three weeks after hearing both sides and pass appropriate orders, along with an application to condone delay. There shall be a direction to keep the execution proceedings in abeyance for a period of four weeks.

This  Original  Petition(Rent  Control)  is  disposed  of  as above.

The petitioner shall serve a copy of this judgment on the learned counsel appearing for the landlord before the Appellate Court as well as the Execution Court.