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CDJ 2026 Ker HC 1212 My Notes print Preview print print
Court : High Court of Kerala
Case No : OP (RC) NO. 147 OF 2026
Judges: THE HONOURABLE CHIEF JUSTICE MR. SOUMEN SEN & THE HONOURABLE MR. JUSTICE V.M. SYAM KUMAR
Parties : P.M Jabir & Another Versus Anila Roy Thomas
Appearing Advocates : For the Petitioner: Daisy A. Philipose, Jai George, Haridas Thaikkandy, A.D. Darshan, Advocates. For the Respondents: ----
Date of Judgment : 06-08-2026
Head Note :-
Comparative Citation:
2026 KER 60336,
Judgment :-

Soumen Sen, C.J.

1. We have heard Ms. Daisy A, Philipose, learned counsel for the petitioners.

2. The Rent Control Appeal with a prayer for condonation of delay was filed on 20th July, 2026. The Rent Control Court passed an order of eviction on 25th September 2025 and an execution application was filed on 8th April 2026. The appeal has been preferred with a prayer for condonation of delay. We have been informed that the Rent Control Appellate Authority has fixed the matter for admission on 10th August 2026. The prayer for condonation of delay in preferring the appeal is yet to be allowed by the Rent Control Appellate Authority.

3. On such facts and circumstances of the case, we do not find any reason to interfere with the order passed by the Execution Court. However, we make it clear that in the event the Rent Control Appellate Authority admits the appeal after allowing the prayer for condonation of delay and in the meantime, the petitioner is dispossessed, suitable orders may be passed by the Rent control Appellate Authority for restoration of possession. The petitioner may also approach the Execution Court for deferring the execution till 10th August, 2026 and the Execution Court may postpone the said execution if the decree has not been executed in the meantime or to a nearby date.

 The petition is accordingly disposed of.

 
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