IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 RSA.No. 549 of 2008 --------------------------------- AS.6/2007 of ADDL.SUB COURT, ALAPPUZHA OS.826/2004 of ADDL.MUNSIFF COURT, ALAPPUZHA .................... APPELLANTS/APPELLANTS/DEFENDANTS: 1. V.P.SURENDRAN, PALAKULAM VELIYIL, AISWARYA NIVAS,KOTTAM KULANGARA WARD, ALAPPUZHA. 2. OMANA SURENDRAN, PALAKULAM VELIYIL, KOTTAMKULAMNGARA WARD, ALAPPUZHA. 3. SUMESH, PALAKULAM VELIYIL, KOTTAMKULAMNGARA WARD, ALAPPUZHA. BY ADV. SRI.G.SUKUMARA MENON SRI.ABRAHAM SAMSON RESPONDENT/RESPONDENT/PLAINTIFF: N.C.J.JOHN, NEROTH HOUSE, FACTORY WARD, ALAPPUZHA. BY ADV. SRI.ROY CHACKO(CAVEATOR) THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- R.S.A.No.549 of 2008 --------------------------- JUDGMENT Defendants in O.S.No.826/04 on the file of the Munsiff's Court, Alappuzha, who are the appellants herein, assails in this appeal the concurrent decrees passed against them by the courts below allowing recovery of possession in favour of the respondent/plaintiff. 2. After advancing vehement arguments on the merits of the case and probably, on being convinced that this Court is of the view that no substantial question of law arises for consideration in this appeal and that the contentions are barred by res judicata in view of the decree in O.S.No.584/04, which has become final, counsel for the appellants submits that seven months' time may be granted to the appellants to surrender vacant possession of the scheduled building and that this Regular Second Appeal be dismissed. RSA 549/08 2 2. Inasmuch as there is no substantial question of law that arises for consideration in this Regular Second Appeal and in view of the submission made as aforesaid by the counsel for the appellants, which is not seriously opposed to by the counsel for the respondent, provided, at least damages for use and occupation is granted to the respondent/plaintiff, I dismiss this Regular Second Appeal with the following directions: Appellants shall be entitled to continue in occupation of the scheduled building for a term of seven months from today, in case an amount of Rupees ten thousand is deposited positively within one week from today for payment to the respondent by way of damages for use and occupation of the scheduled premises and similarly, another amount of Rupees thirty thousand within a further period of three months therefrom. In the event of failure to deposit the amounts as aforesaid either within the said period of one week or within the further RSA 549/08 3 period of three months, as the case may be, the respondent shall be entitled to execute the decree and to have recovery of vacant possession of the scheduled building from the appellants/defendants and in that event, the respondent/plaintiff shall also be entitled to the entire execution costs that may be incurred by him. 22nd July, 2008 (K.P.Balachandran, Judge) tkv