High Court directs expeditious disposal of stay petition in rent appeal considering pending execution prejudice to tenant.

The Rent Control Petition filed in 2019 was allowed ex parte on 21^st January, 2026. It appears that an appeal has been preferred against the said order on the ground that the Rent Controller has mechanically accepted the evidence adduced by the respondents without an independent evaluation of the bona fide need and without considering the availability of the alternative accommodation with the landlords. It is further alleged that the eviction order was passed without adverting to the statutory provisions available to the tenant under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

2. The appeal was preferred on 04^th April, 2026.

However, prior thereto, execution proceeding was initiated and it appears that the Execution Court has posted the matter for delivery on 10^th April, 2026.

3. At this stage, we are not inclined to pass any orders, save and except to direct the appellate court to dispose of the stay petition in the Rent Control Appeal filed by the petitioner as expeditiously as possible and if a prayer for stay is made in the meantime, the appellate court shall consider such prayer taking into account the fact that the execution petition is pending and in the event the decree is executed, it may likely to cause prejudice to the petitioner.

4. The OP(RC) is disposed of accordingly.

5. However, we make it clear that we have not gone into the merits of the matter and it is for the appellate court to decide whether any stay shall be granted in the facts and circumstances of the case.