2025:KER:31620 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP (RC) NO. 89 OF 2025 THE ORDER DATED 05.03.2025 IN I.A.NO.1 OF 2025 IN RCA NO.8 OF 2025 OF DISTRICT COURT, KASARAGOD THE ORDER DATED 04.02.2025 IN I.A.NO.1 OF 2025 IN RCP NO.14 OF 2024 OF PRINCIPAL MUNSIFF COURT, KASARAGOD PETITIONER/APPLICANT IN I.A./APPELLANT IN R.C.A/RESPONDENT IN R.C.P SHANAVAS B.H. AGED 32 YEARS S/O HASSAINAR, ATHAR MANZIL HOUSE, BEKAL P.O, KOTTIKULAM VILLAGE, HOSDURG, KASARAGOD DISTRICT, PIN - 671318 BY ADVS. SRI.MANU VYASAN PETER SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE RESPONDENT/RESPONDENT IN IA/RESPONDENT IN R.C.A/PETITIONER IN RCP: JOY GEORGE AGED 53 YEARS S/O MATHEW VARKEY, VATTAMALAYIL HOUSE, PMS ROAD, NULLIPPADY, KASARAGOD DISTRICT, PIN - 671121 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(RC)No.89 of 2025 2 2025:KER:31620 JUDGMENT Dated this the 10th day of April, 2025 A.Muhamed Mustaque, J. The petitioner is the tenant. The petitioner questions a conditional order of stay granted in appeal pending before the Rent Control Appellate Authority, Kasaragod in RCA 08/2025. The tenant was directed to deposit 50% of the arrears within 45 days from 05.03.2025. 2. According to the learned counsel for the petitioner, the maintainability of the Rent Control Petition is in dispute, therefore, the petitioner cannot be directed to pay the rent arrears. The question as to whether the Rent Control Petition itself is maintainable will have to be adjudicated finally. Anyway, we are of the view, that the tenant shall deposit 50% of the amount on or before 22.05.2025. On deposit, the amount shall not be disbursed OP(RC)No.89 of 2025 3 2025:KER:31620 to the landlord till final order is passed by the Rent Control Appellate Authority. 3. We direct the Rent Control Appellate Authority to pass final orders in the RCA before 30.6.2025. Petitioner shall serve a copy of this Judgment to the counsel appearing for the respondent. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE MJL OP(RC)No.89 of 2025 4 2025:KER:31620 APPENDIX OF OP (RC) 89/2025 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF R.C.P. NO. 14 OF 2024 ON THE FILE OF THE RENT CONTROL COURT KASARAGOD Exhibit P2 TRUE COPY OF COUNTER DATED 10.12.2024 FILED IN R.C.P. NO. 14 OF 2024 ON THE FILE OF THE RENT CONTROL COURT, KASARAGOD Exhibit P3 TRUE COPY OF THE APPLICATION I.A NO. 1 OF 2025 DATED 03.01.2025 IN R.C.P NO. 14 OF 2024 ON THE FILE OF THE RENT CONTROL COURT, KASARAGOD Exhibit P4 TRUE COPY OF THE COUNTER FILED IN I.A NO. 1 OF 2025 DATED 14.01.2025 IN R.C.P NO. 14 OF 2024 ON THE FILE OF THE RENT CONTROL COURT, KASARAGOD Exhibit P5 TRUE COPY OF THE ORDER DATED 04.02.2025 IN I.A NO. 1 OF 2025 IN R.C.P NO. 14 OF 2024 ON THE FILE OF THE RENT CONTROL COURT, KASARAGOD Exhibit P6 TRUE COPY OF THE MEMORANDUM OF APPEAL IN R.C.A NO. 8 OF 2025 DATED 01.03.2025 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, KASARAGOD Exhibit P7 TRUE COPY OF THE STAY PETITION I.A NO. 1 OF 2025 DATED 01.03.2025 IN R.C.A NO. 84 OF 2025 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, KASARAGOD Exhibit P8 TRUE COPY OF THE ORDER DATED 05.03.2025 IN I.A NO. 1 OF 2025 IN R.C.A NO. 8 OF 2025 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, KASARAGOD