IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 OP(C).No. 4274 of 2011(O) ------------------------- E.A. NO:485/2011 IN E.A. NO:476/2011 IN E.P. NO:96/2011 IN O.S NO: 294/2005 OF THE MUNSIFF'S COURT, OTTAPPALAM ......................................... PETITIONER: ---------- USHA, AGED 44 YEARS, W/O. MANOHARAN, MURUKKUMKOTTU PARAMBIL, KULAPPULLY AMSOM AND DESOM, OTTAPPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT: ---------- LAKSHMI, AGED 64 YEARS, W/O. LATE RAMAN, MURUKKUMKOTTU PARAMBIL, KULAPPULLY AMSOM AND DESOM, OTTAPPALAM TALUK. PIN: 679 122. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SP OP(C).No. 4274 of 2011(O) APPENDIX PETITIONER'S EXHIBITS:- 1. EXT. P1 - COPY OF COMPROMISE PETITION FILED IN OS NO: 294/2005 OF MUNSIFF'S COURT, OTTAPPALAM. 2. EXT. P2 - COPY OF THE JUDGMENT PASSED IN OS NO: 294/2005 OF MUNSIFF'S COURT, OTTAPPALAM DATED 15/02/2007. 3. EXT. P3 - COPY OF FINAL DECREE PASSED IN IA NO: 614/2007 IN OS NO: 294/2005 OF MUNSIFF'S COURT, OTTAPPALAM DATED 17/07/2010. 4. EXT. P4 - COPY OF E.P. NO: 96/2011 IN O.S. NO: 294/2005 OF THE MUNSIFF'S COURT, OTTAPPALAM DATED 31/05/2011. 5. EXT. P5 - COPY OF THE ORDER PASSED IN E.A. NO: 476/2011 IN EP NO: 96/2011 IN OS NO: 294/2005 OF THE MUNSIFF'S COURT, OTTAPPALAM DATED 02/12/2011. 6. EXT. P6 - COPY OF THE E.A. 485/2011 IN E.A. NO: 476/2011 IN E.P. 96/2011 IN O.S. 294/2005 OF MUNSIFF'S COURT, OTTAPPALAM DATED 07/12/2001. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE. SP THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4274 of 2011 --------------------------------------- Dated this 23rd day of December, 2011 JUDGMENT Petitioner, in this proceeding seeks time to vacate B schedule property in the final decree in O.S.No.294 of 2005 of the Court of learned Munsiff, Ottappalam. Respondent, mother of petitioner filed the suit for partition. There was a compromise preliminary decree which was followed by a final decree on 17.07.2010. In terms of the preliminary and final decrees, B schedule therein was allotted to the share of respondent. There is a house situated in the said property where, according to the petitioner herself, family and the respondent are residing. Respondent filed E.P.No.96 of 2011 seeking delivery of B schedule property and the house situated thereon. Learned Munsiff by Ext.P5, order has granted police assistance for delivery. Petitioner, it is submitted is on the look out for an alternative accommodation. Hence some breathing time is sought for. Learned counsel has made a fervent plea for some time to find an alternative accommodation for herself and family. 2. I must bear in mind that the final decree was passed on 17.07.2010. However having regard to the circumstances O.P(C).No.4274 of 2011 -: 2 :- stated I am inclined to direct that delivery of B schedule property will stand adjourned to a day after 05.01.2012 subject to condition. Resultantly this original petition is disposed of as follows: (i) It is directed that delivery of B schedule property in E.P.No.96 of 2011 in O.S.No.294 of 2005 of the Court of learned Munsiff, Ottappalam will stand adjourned to a day after 05.01.2012 subject to condition that petitioner shall not in the meantime create any document with respect to the said property or, induct third parties into possession. (ii) This order will stand in the way of petitioner making application before learned Munsiff for further time if circumstances warranted that and if any such application is made it is for the learned Munsiff to decide that application after hearing the respondent as well. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-