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2026 Supreme(Online)(Ker) 15141

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
K. Khader Nazeer – Appellant
Versus
Muhammed Anwar K – Respondent


Advocates:
For the Appellants/Petitioners: Sri.K.R.Vinod, Smt.M.S.Letha, Smt.Bhavana Sajan, Smt.Jyothis Mahadevan, Shri.Anup S.

Table of Content
1. stay of execution prevents appeal from becoming infructuous. (Para 1 , 2)
2. court disposes of the original petition. (Para 3)

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

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