IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28588 of 2008(C) -------------------------- RCA.39/2008 of DISTRICT COURT (RENT CONTROL APPELLATE AUTHORITY), TRIVANDRUM .................... PETITIONER: --------------- THE SENIOR SUPERINTENDENT OF POST OFFICE, THIRUVANANTHAPURAM NORTH DIVISION, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT): --------------- LEELA LEKSHMI AMMA, NANDANA, PETTAH P.O., THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) 28588 OF 2008 = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF SEPTEMBER, 2008. J U D G M E N T Raman, J. Petitioner herein is a tenant who is faced with an order of eviction under Section 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court ordered eviction against which an appeal was filed. Since the appeal was filed belatedly, a petition for condonation of the delay was also filed which stands posted to 30.10.2008. Though an interlocutory application seeking stay of execution of the order of eviction was moved, since delay is not condoned, the court did not pass any order and in the meantime, execution petition is moved to execute the order and the matter is posted for delivery to 29.9.2008. In such circumstances, left with no other remedy, petitioner has come up with this writ petition under Article 226 of the Constitution of India, inter alia seeking the relief of stay for taking delivery of the property until consideration of the stay petition. 2. We have heard the learned counsel appearing on behalf of the petitioner. In the view we are taking, we are not issuing notice to the other WP(C) 28588/2008 :2: side. Since the matter is posted to 30.10.2008 the Appellate Authority may dispose of the application for condonation of delay and if it is allowed, pass orders on the stay application also. Till then, delivery of the property will stand deferred and thereafter to be governed by the orders of the Appellate Authority. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-