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2026 Supreme(Online)(Ker) 6781
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V. M., J
ANEESH ABDUL HAMEED – Appellant
Versus
SHEBEEK USMAN – Respondent
OP (RC) NO. 27 OF 2026
For the Appellants/Petitioners: SHRI.ADHIL P., SHRI.SHABEER ALI MOHAMED, SMT.LITHA
Failure to comply with an interim court order leads to dismissal of the petition for withdrawal.
Headnote:This OP (RC) was initiated by a tenant for directing the Rent Control Appellate Authority to decide on a pending stay petition. The petitioner failed to comply with an interim order to deposit a specified amount. The Court acknowledged the withdrawal of the petition and vacated the prior interim order. Resultantly, the Rent Control Appellate Authority retains the right to continue as per legal provisions.
| Table of Content |
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| 1. petitioner sought direction for stay petition consideration. (Para 2) |
| 2. withdrawal of petition acknowledged. (Para 3) |
| 3. direction for rent control appellate authority to proceed. (Para 4) |
J U D G M E N T Dated this the 3rd day of February, 2026 Syam Kumar V. M., J.
This OP (RC) has been filed by the petitioner–tenant seeking a direction to the Rent Control Appellate Authority, Kottayam, to consider the stay petition filed in RCA No. 3 of 2026 within a fixed time frame.
2. On 30.01.2026, this Court had issued an interim order, inter alia, directing the rent control court not to proceed with the execution provided that the petitioner ₹ deposits an amount of 8,00,000/- within 48 hours to be retained in a fixed deposit account.
3. Today, when the matter is taken up for consideration, learned counsel for the petitioner submits that the petitioner was not able to deposit the said amount as directed and prays that the OP (RC) may be dismissed as withdrawn.
4. In view of the said submission, this OP (RC) stands dismissed as withdrawn. The interim order granted earlier stands vacated. The Rent Control Appellate Authority may proceed with the matter, in accordance with law.
Sd/-
