J U D G M E N T

1.The petition is filed challenging Ext.P4 order passed by the court below, under Article 227 of Constitution of India.

2.The petitioner is the appellant in A.S.No.64/2016 on the file of the District Court, Kozhikode. The respondents as plaintiff filed the O.S.No.897/2013 for mandatory injunction directing the petitioner herein to vacate the premises on the ground that it is a licence agreement and for recovery of arrears of lincence fee. The case of the petitioner was that it was not the licence agreement, but, it is a lease agreement and as such, the suit is not maintainable by virtue of the provisions of the Kerala Building (Lease and Rent Control) Act, 1965. The contention was repelled by the court below and suit was decreed as per Ext.P1 judgment directing him to vacate the premises and also directed to pay the arrears of licence fee as claimed. Against this, he filed Ext.P2 appeal as A.S.No.64/2016 before the District Court, Kozhikode and also filed I.A.No.570/2016 for stay of operation of the Ext.P1 decree and the court below passed Ext.P4 order as a condition for granting stay, directed the petitioner to deposit the entire arrears and posted the case to 08.08.