IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 14491 of 2009(O) -------------------------- OS.34/2003 of MUNSIFF COURT,VARKALA .................... PETITIONER: --------------- LEKSHMI, D/O. NARAYANI, AGED 80 YEARS, MUKKUVAN VILAKOM, VAKKOM DESOM AND VILLAGE. BY ADV. MR. LATHEESH SEBASTIAN RESPONDENT: --------------- SADASIVAN, S/O. LATE KESAVAN, TC 1514/XXX, SANTHA NILAYAM, PETTAH, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKU MAR,J. ........................................................... W.P.(C) No. 14491 of 2009 ........................................................... Dated, this the 27th day of May, 2009. JUDGMENT The petitioner who is the 1st defendant in O.S. No. 34 of 2003 on the file of the Munsiff's Court, Varkala, challenges the order passed by the Executing Court in E.P. No. 33 of 2005. The said suit was one for declaration of title and recovery of possession of the plaint B schedule property which is a room. The suit was decreed as per Ext.P3 ex parte decree dated 25.09.2004. The decree has admittedly become final. If so, the Executing Court was justified in ordering delivery. The matter stands posted to tomorrow for delivery. The grievance of the petitioner is that she is an 80 year old woman requiring some breathing time to vacate from the premises. 2. Having regard to the fact that the suit is of the year 2003 and six years have elapsed, I am inclined to permit the petitioner to vacate from the plaint B schedule property within three months from today on condition that the petitioner files an affidavit before the Executing Court within two weeks from today W.P.(C) No. 14491 of 2009 : 2 : undertaking to unconditionally vacate from the plaint B schedule property within three months from today and also undertaking that until she vacates from the building, she shall not induct any strangers or put the room in the possession of strangers, or commit any set of waste in the property. This writ petition is disposed of as above. V. RAMKUMAR, JUDGE. rv