IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 8639 of 2008(C) ------------------------- RCA.159/2001 of ADDL. DISTRICT COURT/RCAA, THALASSERY EP.116/2007 of MUNSIFF COURT/RCC, THALIPARAMBA (RCP.NO.63/1999) .................... PETITIONER: ------------ M. SHAIKHALI KURIKKAL, S/O.SHAIKKALI @ ABDUL KHADER, NEAR VADIKKAL KADAVU MADAYI AMSOM, DESOM, P.O. MADAYI. BY ADV. SRI.P.BABU RESPONDENT: ------------- C.H. ABDUL SATHAR, S/O. AHAMMEDKUTTY HAJI, MADAYI AMSOM, DESOM, REP. BY POWER OF ATTORNEY HOLDER, BROTHER, C.H.MUHAMMAD ALI, AGED 40 YEARS, MADAYI AMSOM, DESOM, PAZHAYANGADI R.S. (P.O). BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8639/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE APPEAL PREFERRED AS R.C.A. 159/01. EXT.P2 - TRUE COPY OF THE STAY QPETITION AS I.A.NO.2723/03 IN R.C.A. NO.159/01. EXT.P3 - TRUE COPY OF THE JUDGMENT IN RCA 159/01. EXT.P4 - TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF RESTORATION PETITION FILED AS I.A.NO.1389/07. EXT.P5 - TRUE COPY OF THE EXECUTION PETITION FILED AS E.P.NO.116/07. EXT.P6 - TRUE COPY OF THE OBJECTION FILED IN E.P.NO.116/07. EXT.P7 - TRUE COPY OF THE DELIVERY ORDER ISSUED BY THE MUNSIFF, TALIPARAMBA IN E.P.NO.116/07 IN RCP NO.63/99. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO.8639 OF 2008-C ----------------------------------------- Dated 10th April, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner tenant has approached this Court, feeling aggrieved by the execution of the order of the Rent Controller, pending disposal of the application to restore the appeal filed by him against the order of the Rent Controller. Ext.P4 is the restoration petition. A petition to condone the delay in filing the restoration petition is also filed along with Ext.P4. 2. This Court granted stay of the execution proceedings, subject to terms. The petitioner submits, he has complied with the condition imposed by this Court. So, the stay may be extended, it is prayed. The learned counsel for the respondent landlord submitted that the writ petition itself can be disposed of, maintaining the interim order. 3. Both sides shall co-operate with the Rent Control Appellate Authority for early disposal of the application for condonation of delay as also the application for restoration of the appeal. The appellate authority WPC 8639/2008 2 shall dispose of the said interlocutory applications as expeditiously as possible. The interim stay granted by this Court will remain in force till those I.As are heard and disposed of. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/