IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 17796 of 2009(T) -------------------------- PETITIONER(S): --------------- JOY DANIEL, S/O.DANIAL, KANNAMBUZHA HOUSE, (JOY LIGHTS) KIZHAKKEKOTTA, THRISSUR. BY ADV. SRI.LIJU. M.P RESPONDENT(S): --------------- K.P.ABOOBACKER MOULAVI, VALIYAVILA VEEDU, MUTTAKKAVU, NEDUMPANA (P.O.). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ W.P.(C).No.17796 OF 2009 ------------------------ Dated this the 26th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. In the nature of the relief, which is being granted to the petitioner, we are of the view that it is not necessary to issue notice to the respondent landlord. The petitioner has preferred R.C.A. No.28/2009 before the Rent Control Appellate Authority, Kollam against the order dismissing the application filed by him for getting the ex parte order of eviction passed against him in R.C.(O.P.)No.18/06 set aside. 2. The grievance, which the petitioner has voiced, is that though he had filed a petition for stay of execution, the learned appellate authority did not pass interim orders on that application, but only adjourned the appeal as well as the stay petition together to 13/8/2009. The petitioner submits that the Execution Court in the meanwhile has ordered delivery, which is scheduled to take place on 30/6/2009. 3. Having regard to the averments in the memorandum of WPC.No.17796/2009 2 writ petition, which we are accepting prima facie to be correct, we are of the view that the writ petition can be disposed of issuing the following directions; i). The order of delivery passed by the Execution Court(Principal Munsiff Court, Kollam) in E.P. No.271/2007 in RCP No.18/2006 will stand adjourned by three weeks from 30/6/2009. ii). The petitioner will file an application before the Rent Control Appellate Authority seeking preponement of the consideration of the appeal as well as the stay petition. If the respondent in the appeal is not yet served, the learned District Judge will permit the petitioner to take out notice to the respondent of his application for preponement through the Advocate who is appearing for the respondent landlord before the Rent WPC.No.17796/2009 3 Control Court. iii). The appellate authority will make all endeavors to dispose of the appeal itself early and at any rate within two weeks of his passing orders on the preponement application. iv). If for any reason the appellate authority finds it difficult to take a decision in the appeal within the time frame, the appellate authority will pass orders on the stay petition within the above fixed time frame. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk