JUDGMENT
K.T Sankaran, J.
The first respondent filed R.C.P No. 17 of 2009 on the file of the Rent Control Court, Sulthan Bathery against the petitioner. The second respondent, who is the son of the tenant, was impleaded as additional second respondent in the Rent Control Petition, based on the contention of the petitioner/tenant.
2. The Rent Control Court passed an exparte order of eviction on 17.12.2013 The petitioner/tenant filed I.A No. 18 of 2014 before the Rent Control Court to set aside the exparte order of eviction. The Rent Control Court dismissed that application as per the order dated 28.6.2014, which is under challenge in this Original Petition.
3. Sri. Dinesh R. Shenoy, the learned counsel appearing for the first respondent/landlord, raised a preliminary objection that the Original Petition is not maintainable against the order in I.A No. 18 of 2014 and the remedy of the petitioner/tenant is to file an appeal before the Appellate Authority against that order. However, Sri. Dinesh R. Shenoy submitted that since the application to set aside the exparte order was filed within time, to avoid further delay in the matter, it would be ideal for the landlord to agree for setting aside the exparte order. However, the learned counsel added that the tenant has approached the Rent Control Court to set aside the exparte order on the third occasion, since on earlier two occasions also the Rent Control Court was forced to pass exparte orders of eviction. Therefore, the learned counsel submitted that terms may be imposed to set aside the exparte order of eviction and also the tenant may be directed to deposit the admitted arrears of rent.
In the light of the submission made by the learned counsel for the landlord, we dispose of the Original Petition, setting aside the order dated 28.6.2014 in I.A No. 18 of 2014 in R.C.P No. 17 of 2009 and the exparte order of eviction, on the following conditions:
a) The petitioner/tenant shall deposit before the Rent Control Court a sum of 1,000/- (Rupees One thousand only) as costs payable to the landlord within one month from today.
b) If the petitioner/tenant fails to deposit the costs, the order passed by the court below in I.A No. 18 of 2014 shall stand confirmed.
c) The tenant shall deposit the admitted arrears of rent before the Rent Control Court within one month from today and also pay the admitted monthly rent on or before 10th of the succeeding months.
d) If the tenant complies with the conditions mentioned above, the Rent Control Court shall dispose of the Rent Control Petition on the merits as expeditiously as possible and, at any rate, before 15.12.2014