Soumen Sen, C.J.
1. Heard Mr. Arun Ashok, learned counsel for the petitioners and Mr. Anilkumar Madhavan, learned counsel for the respondent.
2. Petitioner No.2 is a person with disability and was permitted to be represented by his mother as his natural guardian. The present appellants are the mother and her son, who is a person with disability. They have filed R.C.A. No.63 of 2026 under Section 5 of the Limitation Act seeking condonation of the delay of 908 days in filing the appeal, along with an application seeking stay of all further proceedings, including delivery of possession, pending disposal of the appeal.
3. In view of the directions issued by us in our order dated 23rd July 2026, and having regard to the fact that the petitioners have already deposited a sum of Rs.5.25 lakhs and thereby complied with the said order, as also the fact that, prima facie, it appears from the judgment passed by a co-ordinate Bench of this Court that the admitted rate of rent was Rs.3,750/- with effect from 9th April 2012, we dispose of this revision by directing the petitioners to pay the arrears of admitted rent, if any found due and payable, after adjusting the sum of Rs.5.25 lakhs, within a period of three weeks from date. In the event the said amount is deposited, the appeal shall be heard and disposed of on merits.
4. As we are satisfied that the petitioners have demonstrated sufficient cause for their inability to contest the said proceedings and, particularly, having regard to the helpless condition of the petitioner No.1 since petitioner No.2 being a person with disability, we have discussed the matter in detail in our order dated 23rd July 2026. We are, therefore, inclined to condone the delay, as failure to permit the petitioners to participate in the said proceedings may result in manifest injustice. The petitioners, on the whole, have demonstrated bona fides in complying with our previous order. However, subject to the petitioners paying the arrears of admitted rent, to be calculated in terms of this order read with the judgment dated 8th November 2024 in R.C.Rev. No.188 of 2024, the appeal shall be admitted and heard on merits. The application for condonation of delay shall stand allowed upon compliance with this order.
5. In the event of any dispute with regard to the arrears of admitted rent to be calculated in terms of the aforesaid order, the petitioners may approach the Appellate Court for appropriate directions as to the amount required to be paid in terms of the aforesaid order. The application for condonation of delay stands allowed by this order, subject to fulfilment of the aforesaid conditions. We make it clear that, in the event of any bona fide dispute with regard to any amount claimed over and above Rs.5.25 lakhs, such dispute shall not stand in the way of the petitioners being permitted to participate in the appeal. The Appellate Court, in such circumstances, may issue a peremptory direction to the petitioners to deposit such further amount, over and above Rs.5.25 lakhs, as it may deem fit and proper, provided there is any dispute between the parties with regard to the arrears of rent to be calculated in terms of the aforesaid orders. Subject to the petitioners depositing the admitted rent strictly in accordance with the orders referred to above, the appeal shall be heard on merits, and the impugned order shall remain stayed pending disposal of the appeal. We make it clear that we have not expressed any opinion on the merits of the appeal, and the Appellate Court shall decide the appeal in accordance with law. The landlord/respondent shall be entitled to withdraw the amount already deposited in the execution proceedings and adjust the same towards the admitted arrears of rent. In view of the aforesaid, the execution proceedings stand quashed.
The OP(RC) is accordingly disposed of.




