Thottathil B.Radhakrishnan, J.
1. This petition under Article 227 of the Constitution of India is filed by a building tenant who suffered an order of eviction under Act 2 of 1965. The Rent Control Court passed the order on 11.4.2014 in R.C.P.No.3 of 2013, which was filed in early 2013. Tenant filed an appeal before the Rent Control Appellate Authority, Manjeri as R.C.A.No.41/2014 with an application, I.A.No.748/2014 seeking condonation of delay of 16 days. In the meanwhile, execution proceedings were pushed through and the matter is listed for delivery, it is submitted. It is in this premise that this petition is filed invoking Article 227 of the Constitution of India.
2. The respondent appears through counsel, after notice. Service complete.
3. We have heard the learned counsel for the petitioner and the learned counsel for the respondent. It is submitted on behalf of the respondent that he has no objection in the Rent Control Appellate Authority condoning the delay and considering the appeal on merits. His request is that the Appellate Authority may expedite the final hearing of the appeal.
4. Under the aforesaid circumstances, we are of the view that it would be wholly unjustifiable, if the tenant is dispossessed even before consideration of the appeal filed by him for admission. Hence, it is ordered that delivery proceedings, if any, will stand adjourned for a period of two months from now, within which time the Appellate Authority shall consider the application seeking condonation of delay and following that, due consideration of the appeal, in accordance with law, will follow. Any application for stay pending that appeal would also be considered by the Appellate Authority. In the event of such consideration not being possible, within the two months fixed hereby, the delivery proceedings will stand deferred, till the Appellate Authority carries out what is directed above.
5. Parties will mark appearance before the Appellate Authority and either party may produce a copy of this judgment before it.
Original petition ordered accordingly.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG