Execution of an eviction order may be stayed pending appeal to prevent making the appeal infructuous.

Soumen Sen, C.J.

We have heard Mr.K.R.Vinod, the learned counsel appearing for the petitioner.

2. It is stated that an appeal is pending against the order of eviction and though the matter was fixed for being taken up by the Appellate Court, on 03.03.2026, the business of the court did not permit the said matter to be taken up for consideration. However, in the meantime the Execution Court has fixed delivery of possession on 11.03.2026.

3. We are of the view that the execution is required to be stayed for the time being, since, in the event the delivery of possession is permitted, it might make the appeal infructuous. It will be open for the petitioner to approach the Rent Control Appellate Authority for early disposal of the stay petition, with a copy of this order upon notice on the respondent. E.P.No.47 of 2026 shall remain stayed for a period of two weeks or until any order is passed by the Rent Control Appellate Authority in the pending appeal whichever is earlier. We make it clear that we have not gone into the merits of the matter and the learned Rent Control Appellate Authority shall decide the stay petition uninfluenced by any observation made in this order.

3. The Original Petition is disposed of.

Sd/-