K.T.Sankaran, J. Though notice was served on the respondents, there is no appearance for them.
2. The respondents filed Rent Control Petition No.123 of 2012 on the file of the Rent Control Court, Ernakulam against the petitioner under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court allowed the Rent Control Petition. Challenging the order of the Rent Control Court, the petitioner/tenant filed R.C.A.No.37 of 2014 before the Rent Control Appellate Authority, Ernakulam. It is submitted that the appeal and stay petition are pending. The learned counsel for the petitioner also submitted that there is delay in re-presenting the R.C.A. and that application is also pending.
3. Meanwhile, the order of the Rent Control Court in Rent Control Petition No.123 of 2012 was sought to be executed by the respondents/landlords. The case was posted to 11.6.2014. It is submitted that on that day, delivery was ordered. The O.P(RC)No.72 of 2014 2 petitioner filed an objection dated 16.06.2014 and also filed an application to receive the objection. The petitioner also filed an application to set aside the order dated 11.06.2014 for delivery. It is submitted that the said application is also pending. The grievance of the petitioner is that if the delivery takes place before any order is passed by the Appellate Authority in the stay petition, the petitioner would be put to untold misery and hardship.
4. In the facts and circumstances, we are of the view that if the delivery is adjourned for a period of one month, the grievance of the petitioner can be redressed.
Accordingly, the OP(RC) is disposed of directing the executing court to adjourn the delivery in E.P.No.80 of 2014 in R.C.P.No.123 of 2012 for a period of one month. The delivery warrant shall be recalled by the executing court to comply with the aforesaid directions.
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K.T.SANKARAN, JUDGE Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln