IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 OP(C).No. 747 of 2010(O) ------------------------ EP NO.71/2005 IN OS.165/2002 of MUNSIFF COURT, DEVICOLAM .................... PETITIONERS/JUDGMENT DEBTORS/PLAINTIFFS ----------------------------------------------------------- 1. C.SUBAIAH, S/O. CHELLIAH, FACTORY DIVISION OF GRAHMSLAND ESTATE, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. VEERIAH, W/O. CHELLIAH, MADUPETTY ROAD, MUNNAR P.O., KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S): DECREE HOLDER/DEFENDANT -------------------------------------- PAPPACHAN, S/O. KURIYPEE, ELENJIKKAL HOUSE, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT, PIN 698501. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.747 of 2010 -------------------------------------- Dated this the 16th day of November, 2010. JUDGMENT Judgment debtors in E.P.No.71 of 2005 in O.S.No.165 of 2002 of the court of learned Munsiff, Devikulam are the petitioners before me seeking extention of time for removal of structures and delivery of plaint B schedule property. In a suit filed by the petitioners for prohibitory injunction respondent/decree holder made a counter claim for eviction of petitioners from plaint B schedule after removal of structures put up thereon by the petitioners. That counter claim was decreed while the suit ended in a dismissal. That was confirmed by the appellate court and this Court and the Special Leave Petition arising from the judgment of this Court was also dismissed. Respondent launched execution of the decree on the counter claim. Though vide Ext.P1, affidavit petitioners sought six months' time to vacate plaint B schedule, that request was rejected by Ext.P3, order dated 03.11.2010. Hence this petition. Learned counsel for petitioners contend that petitioners are making a livelihood from their occupation carried on in plaint B schedule and that they may be granted some time to vacate plaint B schedule. 2. The suit was filed in the year 2002 and petitioners had sufficient time to make alternative arrangements. However having regard to the circumstances stated I am inclined to grant two months' time from this day to remove the structures from plaint B schedule and vacate the said property. OP(C) No.747/2010 2 Resultantly this petition is disposed of granting two months' time from this day to the petitioners to remove the structures from plaint B schedule and vacate the said property on condition that petitioners shall file affidavit in the executing court within two weeks from this day undertaking to vacate plaint B schedule and remove structures within the aforesaid time without putting forth any claim or objection whatsoever. On filing the affidavit delivery proceedings will stand in abeyance for the said period of two months. THOMAS P.JOSEPH, Judge. cks