PRASAD Vs. ARUN SOMAN

JUDGEMENT

(1.) 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 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.