KANMANATH VISWAN Vs. KADAVATH PURAYIL KUNHAMINA

JUDGEMENT

(1.) AGAINST an order passed in R.C.P. No. 59/2000 on the file of Rent Control, Kannur the petitioner filed R.C.A. No. 49/2003 before the Appellate Authority. After about pendency of about more than 3 years it was dismissed for default, on 20.01.2006. He filed an application I.A. No. 158/2006 to restore the appeal. During its pendency execution proceedings are at his door steps. Therefore he seeks an order to avert execution during the pendency of Interlocutory Application No. 158/2006 which stands posted to 13.02.2007. It is apprehended that delivery may be ordered in the meanwhile.

(2.) IN such circumstances it is open to the petitioner to seek advancement of the hearing of the said I.A. which the Appellate Authority shall consider. He can also show sufficient reason for appropriate order of stay of execution proceedings. Therefore, there is no reason to invoke jurisdiction vested in this court. The Writ petition is dismissed accordingly.