IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 35865 of 2007(T) -------------------------- AGAINST THE ORDER IN EP.NO.149/2007 IN RCP.24/2005 of MUNSIF COURT, KUTHUPARAMBA .................... PETITIONER: ------------ P.RASHEED, AGED 33 YEARS, S/O ABOTTY, RESIDING AT PARAMBATHU HOUSE, KOTTAYAM AMSOM DESOM, P.O.KOTTAYAM POYIL, KANNUR. BY ADV. SRI.C.V.MANUVILSAN SRI.E.C.BINEESH RESPONDENT: ------------- PALORAN NANDANAN, AGED 42 YEARS, S/O GOPALAN, RESIDING AT AKASH, NARAVOOR, P.O.KOOTHUPARAMBA, KANNUR. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.35865/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ORDER IN IA.524/07 IN RCP 24/05 DTD 30.7.07. EXT.P2 COPY OF THE MEMORANDUM OF RCA NO.107/07. EXT.P3 COPY OF THE DELAY PETITION AS IA.NO.1882/07 IN RCA 107/07. EXT.P4 COPY OF THE STAY PETITIN FILED IN RCA NO.107/07. EXT.P5 COPY OF THE RECEIPT DTD 29.11.07 EVIDENCING THE PAYMENT OF RS.7,800/= /TRUE COPY/ cl K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.35865 OF 2007-T -------------------------------------------------------------- Dated this the 3rd day of April, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner has approached this Court challenging the continuance of the execution proceedings in R.C.P.No.24/2005 while his appeal is pending before the appellate authority. He submits, he filed the appeal along with an application to condone the delay in filing it and an application for stay has also been moved. A copy of the delay petition is produced as Ext.P3 and stay petition is produced as Ext.P4. If those petitions are heard, the grievance of the petitioner will be redressed. It is common case that the conditions imposed by this Court while passing the interim order have already been complied with by the petitioner. 2. In view of the above position, the writ petition is disposed of directing the Rent Control Appellate Authority (District Judge), Tellicherry to consider and pass orders on Exts.P3 and P4 as expeditiously as possible. Both the parties shall co-operate with the court for early hearing of the matter without seeking WPC.NO.35865/2007 . 2 unnecessary adjournments. With the above direction, the writ petition is disposed of. It is also ordered that till Exts.P3 and P4 are disposed of by the appellate authority, the execution proceedings in E.P.No.149/2007 in R.C.P.No.24/2005 before the Court of Rent Controller (Munsiff), Koothuparamba, will remain in abeyance. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl