IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 WP(C).No. 38170 OF 2007(R) -------------------------- AGAINST THE ORDER IN EP.106/2006 IN RCP.45/2001 OF MUNSIFF COURT, PAYYANNUR PETITIONER: MADAKKAN KURUPPILATH UMMER, S/O.V.K.MOOSA HAJI, AGED 52 YEARS, BUSINESS, RESIDING AT THEKKE TRIKKARIPUR HOSDURG TALUK, KANNUR DISTRICT. BY ADV. SRI.P.R.SREEJITH SRI.K.B.SAJEESH SRI.K.V.MANOJ KUMAR RESPONDENTS: 1. KRISHNA JANAKI, W/O.LATE SRI.KAPPANA MURALEEDHARAN, SI.CHINDAVALAPPU, FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM IN KOZHIKODE DISTRICT. 2. JAMUNA SATHYAPRADEEP, AGED 39 YEARS, D/O.KRISHNA JANAKI, SI.CHINDAVALAPPU, FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM IN KOZHIKODE DISTRICT. 3. JAGATHA RAJENDRAN, AGED 37 YEARS, D/O.KRISHNA JANAKI, SI.CHINDAVALAPPU, FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM IN KOZHIKODE DISTRICT. 4. JALAJA.M., AGED 27 YEARS, D/O.KRISHNA JANAKI, SI.CHINDAVALAPPU, FLAT NO.7, RAMMOHAN ROAD, KASABA AMSOM DESOM IN KOZHIKODE DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN &HARUN-UL-RASHID, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 38170 OF 2007 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 24TH DAY OF DECEMBER, 2007. J U D G M E N T Raman, J. Petitioner is a tenant who has preferred an appeal as against the order passed by the Rent Control Court, Payyannur, in R.C.P.45/2001, along with a petition for condonation of delay before the appellate forum. Ext.P2 is the copy of the appeal memorandum. The matter is posted to 17.1.2008. In the meantime, execution petition is proceeded with by the landlord. The apprehension of the petitioner is that before his appeal and the stay application along with the petition for condonation of delay is considered by the appellate court, if delivery is taken place, he will be put to great hardship. 2. We have heard the learned counsel for the petitioner. In the facts and circumstances of the case, there will be a direction that in case the landlord takes delivery of the premises, he shall not induct any third party until 17.1.2008. Thereafter, the matter will be governed by any orders that may be passed by the appellate court. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) HARUN-UL-RASHID, (JUDGE) knc/-