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2025 Supreme(Online)(Ker) 57204

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
BUSHRA MAJEED – Appellant
Versus
CHULLIYIL MUHAMMADKUTTY – Respondent
OP (RC) NO. 261 OF 2025 | RCP NO.60 OF 2023



Advocates:
For the Appellants/Petitioners: S.NIDHEESH

Court emphasizes the necessity of expediting stay applications to ensure fair access to justice in execution proceedings.

Headnote:The judgment addresses the petitioner's appeal involving a stay application against execution proceedings filed by the landlord. The court examines the urgency of granting a stay and decides to do so for four weeks, directing the Appellate Authority to expedite the stay application. The ruling reaffirms the need for due process in execution matters.

JUDGMENT

The tenant/petitioner moved a stay application in the appeal. Notice has been issued to the respondents but no order of stay has been obtained. In the meanwhile, the landlord filed an execution petition. Apprehending delivery before the stay application being taken up, the petitioner has approached this Court.

In view of the nature of the relief sought, notice to the respondents is dispensed with. We grant stay of execution proceedings for a period of four weeks. We also direct the Appellate Authority to dispose of the stay application within that time. The petitioner shall also serve a copy of this order to the learned counsel appearing for the respondents before the execution court.

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