IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 OP (RC).No. 3487 of 2011(O) ----------------------------------------- R.C.P.87/2008 OF ADDL. MUNSIFF & RENT CONTROL COURT, ERNAKULAM. RCA.86/2011 OF DISTRICT COURT, ERNAKULAM .................... PETITIONER ------------------ LAKSHMANAN, S/O. PAPPAN, VELLANGITHERUVIL, THEKKUMBHAGOM VILLAGE, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.K.B.PRADEEP, SMT.N.G.SINDHU. RESPONDENT(S): -------------------------- 1. HARIDAS, S/O. KRISHNA RAO, KONNAT MADOM, TRIPUNITHURA, ERNAKULAM-682 301. 2. KAVITHA, W/O. KRISHNA KUMAR, KONNAT MADOM, TRIPUNITHURA, ERNAKULAM-682 301. BY THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP (RC).No. 3487 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 11/06/2010 IN R.C.P. NO.87/2008 ON THE FILE OF THE RENT CONTROL COURT, ERNAKULAM. EXT.P2: COPY OF THE APPEAL IN R.C.A. NO.86/2011 BEFORE THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 12/08/2011. EXT.P3: COPY OF THE APPLICATION DATED 12/08/2011 FOR CONDONATION OF DELAY. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS C KURIAKOSE & C.K. ABDUL REHIM, JJ --------------------------------- OP (RC) NO. 3487 OF 2011 ------------------------------------ Dated this the 28th day of October, 2011. JUDGMENT Pius C Kuriakose, J. The grievance voiced by the petitioner tenant the appellant in RCA No. 86/11 on the files of the Rent Control Appellate Authority, Ernakulam is even as the above appeal and application for condonation of delay are pending before the appellate authority, the Execution court has ordered delivery. According to the petitioner, if the order of delivery is allowed to be implemented the appeal will be rendered infructuous. Sri. K.B. Pradeep, learned counsel for the petitioner submitted that the appeal and the delay petition presently stand posted on 28th November, 2011 and that the delivery is now ordered on 01.11.2011. 2. According to us, it is for the petitioner to appraise Rent Control Appellate Authority of the urgency of the situation. Giving liberty to the petitioner for moving Rent Control Appellate Authority for early disposal of the appeal 2 OP(RC) No. 3487/2011 and the delay petition, we are inclined to grant limited relief to the petitioner in view of the order of delivery already passed. We dispose of this OP even without issuing notice to the land lords in the following terms. 1. The petitioner is directed to approach the Rent Control Appellate Authority, Ernakulam by filing appropriate application for early disposal of RCA 86/11 and the petition for condonation of delay filing therein. 2. The execution court is directed to adjourn the delivery, which is ordered in EP 208/11 in RCP 87/08 to 20.11.2011. PIUS C KURIAKOSE JUDGE C.K. ABDUL REHIM JUDGE dnc