IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 RSA.No. 3 of 2011() ------------------- AS.123/2009 of PRINCIPAL SUB COURT,ATTINGAL OS.150/2006 of MUNSIFF COURT,VARKALA .................... APPELLANT/APPELLANT/DEFENDANT ------------------------------------------------- THYAGARAJAN,S/O.GANGADHARAN,AGED 69 YRS, RESIDING AT VP1/459,SHEEBA NIVAS,VETTOOR GRAMA PANCHAYATH,PUTHENCHANTHA,VARKALA. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): RESPONDENTS/PLAINTIFFS ------------------------------------- 1. C.K.VANAJAM,W/O.N.PARAMESWARAN,AGED 60 YEARS,MANI BHAVAN,CHILAKKOOR DESOM, VARKALA VILLAGE. 2. N.PARAMESWARAN,S/O.NARAYANAN,AGED 65 YRS MANI BHAVAN,CHILAKKOOR DESOM,VARKALA VILLAGE. ADV. SRI.M.R.ANANDAKUTTAN FOR R SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RSA.No. 3 of 2011() ORDER IN I.A NO.18/2011 DISMISSED. 27/01/2011 Sd/- S.S.SATHEESACHANDRAN JUDGE P.A To Judge S.S.SATHEESACHANDRAN, J -------------------------------------- R.S.A No.3 OF 2011 -------------------------------- Dated this the 27th day of January 2011 JUDGMENT Concurrent decision rendered by the two courts below in a suit for eviction with arrears of rent is challenged in the appeal. At the time of hearing, the learned counsel for the appellant/defendant submitted that a breathing time alone is sought for, by filing this appeal, to vacate from the premises. Counsel submitted that he has already located a new building for shifting his business operated in the plaint building, but, to make necessary arrangements, at least a period of three months from today is required. It is further submitted, the entire arrears of rent decreed by the court have also been deposited. The learned counsel for the respondents has no objection in granting three months time subject to filing of an undertaking by the appellant agreeing unconditionally to surrender and handover vacant possession of the building within such time and clear off the sum payable for use and occupation at the rate of ` 750/- per month for the period subsequent to that covered by the decree. Considering the submissions made by the counsel on both sides, an undertaking by way of an affidavit in the manner indicated by R.S.A No.3 OF 2011 - 2 - the counsel for the respondents shall be filed before the court concerned, by the appellant/defendant, within a period of one month from today. In the event of such an undertaking being filed, the court shall defer the execution of the decree for a period of three months from today. Appeal is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN JUDGE //True Copy// P.A to Judge vdv