IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 OP (RC).No. 3111 of 2011(O) --------------------------- I.A.4231/11 IN RCA.89/2011 of D.C. & SESSIONS COURT, ERNAKULAM .................... APPELLANTS/PETITIONERS ------------------------------------------ 1. ANAND THOMAS, AGED 39 YEARS, S/O.LATE A.K.THOMAS, ATTELIL, KARUKADAM, KOTHAMANGALAM, ERNAKULAM. 2. ABHILASH THOMAS, AGED 39 YEARS, S/O.LATE A.K.THOMAS, ATTELIL, KARUKADAM, KOTHAMANGALAM, ERNAKULAM, REP. BY AUTHORIZED AGENT SRI.MURUKAN. BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S)/RESPONDENTS: ---------------------------------------------- 1. KERALA VYAPARI VYAVASAI EKOPANA SAMITHI, REP. BY ITS PRESIDENT K.A.KURIAKOSE,KUDIYATTU HOUSE, MATHIRAPPILLY, KOTHAMANGALAM-686 691. 2. K.M.SALIM, AGED 42 YEARS, S/O.MUHAMMUD, KOROTHUKUDY, KUROORKARA, KOTHAMANGALAM, ERNAKULAM-686 691. 3. BENNY, AGED 49 YEARS, S/O.VARGHESE, KALLUNGAL HOUSE, KARUKADAM, KOTHAMANGALAM, ERNAKULAM-686 691. ADV. SRI.P.N.RAMAKRISHNAN NAIR FOR R-1 SRI.P.VISWANATHAN FOR R-1 SRI.P.GOVIND FOR R-1 THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- O.P(RC).No.3111 of 2011 ------------------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Under challenge in this original petition filed by the petitioners under Article 227 of the Constitution of India is Ext.P3 interim order passed by the learned Rent Control Appellate Authority. Under Ext.P3 the learned appellate authority has granted stay of execution on condition that the appellant pays “the entire arrears of rent till date, after deducting an amount of Rs.1,31,473/-, before the court below within 15 days”. Eventhough Sri. Sanu S.Panicker, learned counsel for petitioners addressed us strenuously, we do not find any infirmity about Ext.P3 warranting invocation of the visitorial jurisdiction of this court for correcting Ext.P3. At the same time, having regard to the submissions addressed at the bar not only by Sri.Sanu S. Panicker, but also by Sri. P.Viswanathan, learned counsel for landlord, we are of the view that the petitioners can be given the benefit of Ext.P3 (the benefit of stay granted under OP(RC).3111/11 -2- Ext.P3) if he pays a sum of Rs.23,665/- to the respondents either directly or through their counsel within ten days from today and produces receipt before the Rent Control Appellate Authority. Once the learned appellate authority notices such receipt, the learned authority will proceed on the basis that execution proceedings are under stay and will take up hear and dispose of the R.C.A. at the earliest. If payment is not made as ordered above, Ext.P3 will stand confirmed and Original Petition will stand dismissed. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb