IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 909 of 2010(O)
1. PRASAD
... Petitioner
Vs
1. ARUN SOMAN
... Respondent
For Petitioner :SRI.B.RENJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :29/11/2010
O R D E R
THOMAS P. JOSEPH, J.
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O.P.(C) No.909 of 2010
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Dated this the 29th day of November, 2010.
JUDGMENT
Petitioner along with his wife has suffered a decree for eviction in
O.S.No.106 of 2008 of the court of learned Munsiff, Mavelikkara. Suit was filed
on 18.03.2008 and a decree for eviction with rent arrears was passed on
27.02.2010. Petitioner states that since his father was hospitalised during the
relevant time and expired subsequently he could not file the appeal on time. But
he has preferred the appeal challenging the judgment and decree on
23.11.2010 (Ext.P2 is the memorandum of appeal) with Ext.P3, application to
condone the delay of 160 days. Learned counsel states that in the meantime the
executing court has ordered delivery to be effected on 30.11.2010. Petitioner has
prayed for a direction to the learned District Judge to dispose of Ext.P3,
application to condone the delay within a time frame to be fixed by this Court and
in the meantime to keep in abeyance delivery proceedings. Learned counsel
states that petitioner is conducting a stationary shop in the suit property and that
he has valid contentions to be raised in the appeal including that there was no
valid termination of the lease.
2. Having regard to the facts and circumstances I am inclined to direct
the executing court to adjourn delivery to a day after two weeks from this day on
condition that petitioner will deposit the entire rent arrears claimed in E.P.No.55
OP(C) No.909/2010
2
of 2010 in the executing court for payment to the respondent within a week from
this day. In the meantime, it will be open to the petitioner to request learned
District Judge to advance hearing of the application to condone the delay and
serve notice on that application to the respondent.
Petition is disposed of as above.
THOMAS P.JOSEPH,
Judge.
cks