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 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 35670 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. E.K.RAJAMMA, AGED 72 YEARS W/O.LATE KAMALADHARAN KOOTHAPPILLIL HOUSE, PONNURUNNI, VYTTILA,KOCHI-19 2. SHEEBA DILEEP AGED 45 YEARS W/O.K.K.DILEEP, KOOTHAPPILLIL HOUSE PONNURUNNI, VYTTILA,KOCHI-19. 3. M/S. GOLDEN AGENCIES A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER EK RAJAMMA, KOOTHAPPILLIL HOUSE PONNURUNNI, VYTTILA,KOCHI-19. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT(S): --------------- 1. ROSALIN JUSTIN, AGED 54 YEARS D/O.AUGUSTINE, KADUNGAPARAMBIL HOUSE THOPPUMPADY, NOW RESIDING AT 'SWAPANA' PALARIVATTOM,KOCHI 25 2. LEENA RITA BABU, AGED 52 YEARS D/O.AUGUSTINE, KADUNGAPARAMBIL HOUSE THOPPUMPADY, KOCHI-5 3. VALSA REINHART, AGED 46 D/O.AUGUSTINE, NOW RESIDING AT PALLATH HOUSE PERUMANOOR KOCHI-15. ADV. SRI.C.T.JOSEPH FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF EP NO.116/2008 IN RCP 10/06 DATED 24.9.08 EXT.P2-TRUE COPY OF RCA NO.113/06 BEFORE THE R.C. APPELLATE AUTHORITY, ERNAKULAM. EXT.P3-TRUE COPY OF IA 7756/08 IN RCA 113.08 DT.28.10.08 EXT.P4-TRUE COPY OF IA 7757/08 IN RCA 113/08 AND IA 1179/08 EXT.P5-TRUE COPY OF EA 298/08 IN EP 116/08 IN RCP 10/06 IN IA 1179/08 FILED BY THE PETITIONER. EXT.P6-TRUE COPY OF ORDER DATED 20.11.08 IN EA 298/08 // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35670 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008. JUDGMENT Raman, J. Heard both sides. The petitioner is a tenant against whom an order of eviction is passed. He has filed an appeal. Since it is belated, he has filed an application for condonation of delay also. Along with the appeal, he has filed an application for stay. Since the delay petition was not considered and only notice is ordered, he was threatened to be evicted. Hence, he approached the Munsiff's Court (Execution Court in Rent Control proceedings) by filing E.A.No.298/2008 seeking for stay of the execution proceedings. In that application, Ext.P6 order was passed, rightly holding that in the factual situation, in the absence of any stay granted by the Appellate Court, the execution cannot be stayed indefinitely and the execution petition was posted to 6.12.2008. However, taking into consideration the sad plight of the petitioner, this court granted a stay of further proceedings in execution. Till date the appellate court did not consider the delay petition. 2. When the matter came up for consideration today, it is submitted WPC 35670/2008 -2- by learned counsel appearing for the petitioner that the delay petition is posted to 5.1.2009. In the circumstances, after hearing both sides, we direct as follows: The Appellate Authority will pass orders on the delay petition and if the delay is condoned, appropriate orders shall be passed on the stay application. The stay granted by this court will continue till 5.1.2009 and thereafter it will be governed by any orders that may be passed by the Appellate Authority. The writ petition is disposed of as above. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/