IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 26313 of 2009(O) -------------------------- AGAINST THE ORDER IN EA 606,737/2008 IN OS.20/1998 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): --------------- BABY PAULOSE, S/O. PAULOSE, POULOSE BAKERY, POOLAKADU, DOOR.NO.11/614 MALIKA BUILDING, MANGALAM DAM, VANDAZHI AMSOM, ALATHUR TALUK. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- DEVAKI, W/O. LATE SANKARAN, KALAVAPADATHU, MOOLAMKODU.P.O., KIZHAKKANCHERRY AMSOM, ALATHUR TALUK. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.A.R.NIMOD FOR R1 SRI.C.A.ANOOP FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: 1. EXT.P1 : TRUE COPY OF THE P.6/2008, E.A's 606/2008, 737/2008 &759/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE S.S.SATHEESACHANDRAN, J ------------------------------------- W.P.C No.26313 OF 2009 -------------------------------- Dated this the 8th day of April 2010 JUDGMENT Both parties are present. Counsel on both sides submit that the parties have reached a settlement. The respondent/decree holder has conceded to the request of the petitioner/judgment debtor to continue in occupation of the shop building, wherein he is conducting a bakery, for a short period, taking note that cessation of the business with immediate effect will cause him severe hardship and irreparable injury. Terms of settlement agreed upon by the parties provide for continuance of the occupation over the building by the petitioner till 31.12.2011 subject to his liability to pay a fee of Rs.410/- per month from this date. In case the petitioner/occupant of the building defaults to surrender vacant possession of the building on or before 31.12.2011, it is open to the respondent/decree holder to get him evicted from the building in execution of the decree or to resort to contempt of proceedings. It is also agreed upon by the parties on vacating of the building by the petitioner, he will be entitled to remove all the improvements including the machinery installed by him for the purpose of carrying out his business. The court below shall close the execution proceedings in the light of the W.P.C No.26313 OF 2009 Page numbers settlement arrived by the parties as indicated above, but, in the event of default of the petitioner to surrender the building as agreed upon, if any application is moved by the decree holder, it shall pass orders for revival of the execution proceedings and complete the execution proceedings in accordance with law. Sd/- S.S.SATHEESACHANDRAN JUDGE //TRUE COPY// P.A TO JUDGE vdv