IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 17946 of 2008(J) -------------------------- AGAINST THE ORDER DATED 3 /6 /2008 IN IA 3966/2007 & IA 810/2008 IN RCP.186/2004 of ADDL..MUNSIFF'S COURT, KANNUR .................... PETITIONER: ------------------- T.N.SREENIVASAN, S/O.KUMARAN, CHELORA AMSOM, P.O.KAPPAD, KANNUR. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: ------------- DEEPA, D/O.KUNHIRAMAN, AGED 28 YEARS, THARAMMAL HOUSE, EACHUR AMSOM DESOM, KANNUR. BY ADV. SRI.V.RAJAGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.17946 OF 2008 -------------------------------- Dated this the 17th day of July, 2008 JUDGMENT Raman,J. Notice before admission was ordered in this writ petition. Respondent has entered appearance. 2. Petitioner is a tenant against whom a petition for eviction was filed under Section 11(3) of the Act. The Rent Control Court ordered eviction, after declaring the petitioner ex parte. Thereafter, the petitioner filed an application for setting aside the ex parte order. That application was filed along with a petition for condonation of delay. That was dismissed. Accordingly, the application for setting aside the ex parte order was also dismissed. Appeal preferred therefrom is pending before the Appellate Authority. In the meantime, no stay was granted by the Appellate Court. As a matter of fact, it is only to enable the petitioner to move the Appellate Authority for any interim direction that we -2- WP(C).No.17946/2008 have granted interim stay of taking delivery. Since it is reported that delivery is already taken, this writ petition has become infructuous. Accordingly, this writ petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -3- WP(C).No.17946/2008