IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 17571 of 2010(O) -------------------------- EA NO.54/2010 IN EP NO.16/2009 IN OS.255/2000 of MUNSIFF COURT, DEVIKULAM .................... PETITIONER(S): --------------- A.R.MANIKANTAN, S/O. ARUMUGHAN CHETTIAR, 6 ROOMS LINE, NULLATHANNI ROAD, MUNNAR KARA, K.D.H.VILLAGE. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------- TATA TEA LTD., REGISTERED OFFICE AT CALCUTTA, REGIONAL OFFICE AT MUNNAR, KDH VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17571 of 2010 -------------------------------------- Dated this the 7th day of June, 2010. JUDGMENT Judgment debtor in E.P.No.16 of 2009 in O.S.No.255 of 2000 of the court of learned Munsiff, Devikulam has preferred this Writ Petition challenging Exts.P5 and P6, orders of executing court. As per Ext.P6, order in E.P.No.16 of 2009, executing court has directed delivery of property on 07.06.2010. Petitioner sought time to surrender vacant possession of the property as per E.A.No.54 of 2010. That petition has been posted as per Ext.P5, order on 8.6.2010. Hence this Writ Petition. Learned counsel states that petitioner may be granted eight (8) months' time to surrender vacant possession of the property. Learned counsel for respondent however is not agreeable to granting that much time as requested by learned counsel for petitioner. 2. It is stated by learned counsel for petitioner that petitioner and family are residing in the suit property. Petitioner has wife and two school going children. Petitioner is making alternative arrangements for accommodation which would take some time. Having regard to the facts and circumstances of the case I am inclined to grant petitioner three months' time from this day to surrender vacant possession of the property to the respondent. The delivery proceedings will stand adjourned to a date after three months' from this day. WP(C) No.17571/2010 2 Resultantly, the Writ Petition is disposed of in the following lines: i. Petitioner is granted three months' time from this day to surrender vacant possession of the suit property to the respondent. ii. The order of delivery will stand adjourned to a day beyond three months from this day. iii. Petitioner shall file an affidavit in the executing court within two weeks from this day undertaking to surrender vacant possession of the suit property to the respondent without putting forth any claim or objection on the expiry of the said period of three months. iv. In case of non-compliance with condition No.(iii) or, failure to surrender vacant possession within the time granted hereby, it will be open to the respondent to proceed with execution of decree. THOMAS P.JOSEPH, Judge. cks