IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).NO. 22357 OF 2010(O) -------------------------------------------- OS.265/1987 OF II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): ----------------------- 1. PARVATHY SAVITHRI, CHARUVILA PUTHEN VEEDU, NEAR MARINE FISHERIES, VIZHINJAM, VIZHINJAM VILLAGE. 2. KARUNAKARAN CHANDRAN, CHARUVILA PUTHEN VEEDU,NEAR MARINE FISHERIES, VIZHINJAM, VIZHINJAM VILLAGE. 3. KARUNAKARAN JAYAN, CHARUVILA PUTHEN VEEDU,NEAR MARINE FISHERIES, VIZHINJAM, VIZHINJAM VILLAGE. 4. KARUNAKARAN SIVANKUTTY, CHARUVILA PUTHEN VEEDU,NEAR MARINE FISHERIES, VIZHINJAM, VIZHINJAM VILLAGE. 5. SAVITHRI SANTHINI, CHARUVILA PUTHEN VEEDU,NEAR MARINE FISHERIES, VIZHINJAM, VIZHINJAM VILLAGE. 6. SAVITHRI SUDHA, CHARUVILA PUTHEN VEEDU,NEAR MARINE FISHERIES, VIZHINJAM, VIZHINJAM VILLAGE. BY ADV. SRI.VADAKARA V.V.N.MENON RESPONDENT(S): --------------------------- NAGAPPAN RENJITH MOHAN, KOVALAM HOUSE, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-35. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22357 of 2010 ==================================== Dated this the 16th day of July, 2010 J U D G M E N T This Writ Petition is in challenge of Ext.P7, order as per which learned Munsiff has directed the Amin to evict the petitioner- judgment debtor from the suit building on 20.07.2010 and report compliance on 21.07.2010. Learned counsel for petitioner states that the said order was passed by the learned Munsiff without any application from the respondent-decree holder and at a time when an order of stay has been granted by the Supreme Court in SLP Nos.11391-11392 of 2009. 2. It is not disputed that petitioner has suffered a decree for eviction from the building with rent arrears as per judgment and decree in S.A. Nos.40 and 75 of 1994 of this Court. That judgment and decree are under challenge in the Supreme Court in the Special Leave Petitions referred to in the Writ Petition. It is seen from Ext.P4, order that the Supreme Court on 13.05.2009 passed an order directing maintenance of status quo in the following lines, W.P(C) No.22357 of 2010 -: 2 :- “In the meantime, there shall be status quo on conditions that the petitioners shall go on depositing the rent at the rate last paid by 15th of each succeeding month, the first of such deposit shall be paid or deposited on or before 15th of June, 2009 and that the petitioners will also deposit all arrears of rent and cost, if there be any and if not already deposited, within two months from this date. In default of any of the conditions, the interim order as granted shall stand automatically vacated.” Learned Munsiff has observed that the said condition has not been complied nor is there any extended order of stay obtained from the Supreme Court and hence petitioners are bound to vacate the building. It is in that circumstance that the Amin was deputed to evict petitioners from the suit building. Petitioners have produced Exts.P5 to P6 series to show payment of rent arrears. First of the said receipt is dated 08.07.2009. As per the order issued by the Supreme Court the first deposit was to be made on or before 15.06.2009. Petitioners have no case before me that the condition was complied. That there was a deposit on 08.07.2009 cannot resurrect the stay which stood automatically vacated on non-compliance of the condition. If the petitioners wanted condonation of delay in deposit of the amount, remedy is W.P(C) No.22357 of 2010 -: 3 :- to approach the Supreme Court in the Special Leave Petitions which are pending consideration. 3. I am also not impressed by the contention of petitioners that in the absence of an application from the decree holder learned Munsiff was not correct in directing the Amin to evict petitioners. For, order of stay issued by the Supreme Court is specific that in case conditions stated therein which includes first deposit being made on or before 15.06.2009 are not complied order of status quo will stand automatically vacated. In that situation petitioners cannot approach this Court with a petition of this nature as the remedy is to approach the Supreme Court itself and seek appropriate reliefs. Writ Petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv