K. Khader Nazeer vs Muhammed Anwar K - 2026 Supreme(Online)(Ker) 15141

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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
OP (RC) NO. 57 OF 2026 | RCA NO.14 OF 2026

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

Important Points

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

Subject

Rent Control - Eviction

Act Referred

Kerala Building (Lease and Rent Control) Act: S.12(3)

Headnote

The judgment discusses the implications of executing an order of eviction under Section 12(3) of the Kerala Building (Lease and Rent Control) Act, where the court finds that delivering possession may render the pending appeal infructuous. The court stays the execution for two weeks. The merits of the case remain undetermined, ensuring the Rent Control Appellate Authority decides on the stay petition without influence from prior observations.

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 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/-

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