IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 WP(C).No. 14855 of 2010(O) -------------------------------------- (EP .NO. 73/09 IN OS.NO.141/2008 OF PRINCIPAL SUB COURT,ERNAKULAM) .................... PETITIONER: ------------------- KERALA STATE CONSTRUCTION CORPORATION LTD., CARMEL CENTRE BUILDINGS, 3RD FLOOR, BANERJI ROAD, KOCHI-18, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.V.THAMBAN. RESPONDENT: ---------------------- AVILAGIRI ASHRAM,KOOBARA BAZAR, KOZHIKODE DISTRICT,REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND MANAGER REV.FR.JOSEPH ARACKAL OCD, AGED 43 YEARS,S/O.A.J.CHERIAN,RESIDING AT ST.TERESAS MONASTRY,BANERJI ROAD,ERNAKULAM,THE MANAGER OF CARMEL BUILDINGS & CARMEL CENTRE,ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.S.GOPINATHAN,J. -------------------------- W.P.C.No.14855 of 2010 --------------------------- Dated this the 13th May, 2010 O R D E R The respondent obtained an ex parte decree in O.S.No.141/08 on the file of the Principal Subordinate Judge, Ernakulam for recovery of possession of the plaint scheduled building let out to the writ petitioner. By Ext.P7 order dated 08/04/2010 in E.P.No.73/09, the writ petitioner was directed to deliver the property on 18/5/2010. Assailing the said order, this writ petition was filed. According to the learned counsel for the writ petitioner, the writ petitioner is prepared to deliver possession of the property in compliance of the decree for which breathing time shall be given on the plea that above 50 persons are employed under the writ petitioner and is working in the decree scheduled building and delivery at present would disturb the entire working of the writ petitioner. W.P.C.No.14855/10 2 2. Having heard either side, I find bona fides and merit in the submission and it would be just and appropriate to grant some time. In the above circumstances, this writ petition is disposed of by adjourning the delivery of the decree scheduled property in O.S.No.141/08 to 18/09/2010 on condition that the writ petitioner shall file an affidavit undertaking the delivery of the possession of the property on 18/09/2010 without any demur. The writ petitioner is at liberty to vacate the building on an earlier date if the writ petitioner could locate alternate accommodation before the above date. In the event the writ petitioner fails to file the affidavit as above, the writ petition would stand dismissed. No costs. P.S.GOPINATHAN,JUDGE jsr W.P.C.No.14855/10 3 W.P.C.No.14855/10 4