The court allows the condonation of delay in eviction cases to ensure justice while stipulating that the petitioner must settle financial obligations to proceed with the appeal.

Soumen Sen , C.J .

In view of the uncontroverted fact that a sum of Rs.3.20,000/- (approximately) will be due and payable towards the difference of amount repayable after the fixation of fair rent in the year 2014, we direct the petitioner to pay the aforesaid sum to the respondent within a period of one week from date.

2.The grievance of the petitioner in the revision petition is that the order of eviction is under challenge, and in the event the delivery of possession is allowed by the execution court, the petitioner will suffer irreparable loss and prejudice.

3.Admittedly, there is a delay of 556 days in preferring the appeal against the order passed by the learned Munsiff. The application for condonation of delay is pending. The application was filed on 21.01.2026 with a prayer for condonation of delay. Since the petitioner has agreed to pay the aforesaid sum within a period of one week, we feel that an opportunity may be given to the petitioner to move the appeal. However, any order of stay of the operation of the impugned order shall be at the sole discretion of the Appellate Court.

4.We are only allowing the prayer for condonation of delay in view of the facts and circumstances stated above, so as to ensure complete justice and to give opportunity to the petitioner to avail of the remedy by way of an appeal. We make it clear that we have not gone into the merits of the matter. 5.The application for condonation of delay pending before the Appellate Court shall stand disposed of in terms of this order.

6.We make it clear that in the event the aforesaid sum is not deposited within a period of one week from date, it will be open for the execution court to proceed with the execution of the decree in accordance with law, until any fresh order is passed by the first appellate court.

The Petition is accordingly, disposed of.

Sd/-