IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 RCRev..No. 154 of 2008() ------------------------ (AGAINST THE ORDER IN I.A.NO.2043/2008 IN RCA 29/2008 OF THE RENT CONTROL APPELLATE AUTHORITY, THRISSUR). PETITIONER ----------------- 1. SAILESH, S/O. POOVATHUMKADAVI SUDHEENDRAN, SREENARAYANAPURAM VILLAGE, DESOM, KODUGNGALLOOR TALUK. 2. RAJANEESH, S/O. POOVATHUMKADAVI SUDHEENDRAN, SREENARAYANAPURAM VILLAGE, DESOM, KODUGNGALLOOR TALUK. 3. MURALEEDHARAN S/O. CHIRAKKAL MANOHARAN, SREENARAYANAPURAM VILLAGE, DESOM, KODUGNGALLOOR TALUK. BY ADV. SRI.G.KRISHNAKUMAR RESPONDENTS: ----------------------- 1. SIDDIQUE S/O. UTHAMANCHALIL ABDUL RAHAMAN, KARUKAPADATH, EDAVILANGU VILLAGE, DESOM, KODUNGALLOOR TALUK. 2. RASHEED S/O. UTHAMANCHALIL ABDUL RAHAMAN, KARUKAPADATH, EDAVILANGU VILLAGE, DESOM, KODUNGALLOOR TALUK. 3. NAZAR S/O. UTHAMANCHALIL ABDUL RAHAMAN, KARUKAPADATH, EDAVILANGU VILLAGE, DESOM, KODUNGALLOOR TALUK. BY ADV. SRI.K.R.KURUP THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.1450/2008 IN R.C.R. NO.154/2008 --------------- Dismissed Sd/- P.R.RAMAN, JUDGE. 5/8/2008 Sd/- T.R.RAMACHANDRAN NAIR, JUDGE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- R.C.R.NO.154 OF 2008 -------------------------------- Dated this the 5th day of August,2008 O R D E R Raman,J. Tenants are in revision. They challenged the interim order passed by the Appellate Authority. Normally we would not have interfered with such an order, since the interim order passed is always a matter of discretion. But however the learned counsel for the petitioners submits that as a condition for granting of stay the entire arrears of rent has been directed to be deposited. Without taking notice to the fact that the alleged arrears itself is in dispute and since they have already filed an appeal, the Appellate Authority ought to have considered this aspect of the matter before directing them to deposit the entire arrears. As a condition for granting of stay by this Court, an amount of Rs.10,000/- was directed to be deposited, which was complied with, though beyond time. In the factual situation, after hearing both sides, we direct -2- R.C.R.No.154/2008 that the stay granted will continue, till the disposal of the appeal. The appellate Authority shall dispose of the appeal as expeditiously as possible, at any rate within a period of four months. Whatever amount already deposited will be adjusted towards the arrears, if any, found due as on the date of filing of the appeal and the balance if any left, towards future rent. The amount of Rs.10,000/- (Rupees ten thousand) deposited is permitted to be withdrawn. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.