IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10117 of 2007(D)
1. P.V.PAPPACHAN,AGED 45 YEARS,PROPRIETOR,
... Petitioner
Vs
1. K.PADMANABHAN,AGED 46 YEARS,S/O.MADHAVAN
... Respondent
For Petitioner :SRI.T.I.DANIEL
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :/ /
O R D E R
P.R.RAMAN & ANTONY DOMINIC, JJ.
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W.P(C) NO.10117 OF 2007
======================
Dated this the 23rd day of March, 2007
J U D G M E N T
P.R.Raman, J.
The petitioner is a tenant, who is faced with an order of
eviction passed under Section 11(2)(b), 11(3) and 11(8) of Kerala
Building (Lease and Rent Control) Act. As against the order of
eviction passed by the Rent Control Court, he has already
preferred an appeal and pending. Since there was some arrears of
rent due from the petitioner, stay application filed before the
Appellate Authority was admittedly dismissed. But by Ext.P2
proceedings dated 19/2/2007, the Appellate Authority directed
the petitioner to deposit the admitted arrears and the case is
posted to 9/4/07. It was in the meantime that the Execution
proceedings at the instance of landlord was proceeded with and
the matter is posted to 27/3/2007. Aggrieved by such
circumstances, the petitioner has come before this Court by filing
this writ petition. In the view we are taking,it is not necessary to
issue notice to the other side. Since by Ext.P2 proceedings, the
WPC 10117/2007
: 2 :
Appellate Authority has adjourned the appeal to 9/4/07 directing
the petitioner herein to deposit the arrears of rent, it is open to
the petitioner herein to make such deposit on or before the said
date and seek necessary relief from the Appellate Authority
regarding stay of Execution Proceedings. So as to enable the
petitioner herein to deposit the arrears of rent and to work out his
remedies as stated above, we direct that the Execution
Proceedings in E.P.42/07 in RCP 112/04 on the file of Munsiff
Court, Ernakulam be deferred till 10/4/07 and thereafter the
matter will be governed by any orders that may be passed by the
Appellate Authority.
Writ petition is disposed of as above.
P.R.RAMAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp