The court emphasized the importance of affording an opportunity to challenge a judgment before execution proceeds, ensuring justice is served under the relevant Rent Control Act.

V.G.Arun, J.

The landlord, respondents' mother, had filed R.C.P.No.32 of 2023 before the Additional Rent Control Court, Kollam seeking the petitioner's eviction from the tenanted premises under Sections 11 (2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act , 1965. The Rent Controller allowed the petition and ordered eviction. Aggrieved by the same, the petitioner preferred an appeal, which the Rent Control Appellate Authority dismissed, affirming the findings of the Rent Controller.

2. The learned counsel for the petitioner submits that even though an application has been submitted for obtaining certified copy of the judgment of the Rent Control Appellate Authority, the certified copy has so far not been issued. It is further submitted by the learned counsel for the petitioner that the execution petition is posted for delivery and if delivery is effected without affording the petitioner an opportunity to challenge the judgment of the Rent Control Appellate Authority, that will cause immense prejudice and loss.

3. Insofar as the petitioner has applied for obtaining certified copy of the judgment, it is only appropriate to keep the execution proceedings in abeyance for a short period so as to afford the petitioner an opportunity to challenge the judgment.

The original petition is hence, disposed of by staying the further proceedings in E.P. No.116 of 2024 in R.C.P No.32 of

2023 for a period of three weeks.

Sd/-