IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11899 of 2009(O) -------------------------- RCP.48/2006 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): JUDGMENT DEBTOR --------------- M/S VIJAYAKUMAR AND EASWARAN CHARTERED ACCOUNTANTS CHERUVILAKAM, T.C.NO.9/2284 SASTHAMANGALAM, THIRUVANANTHAPURAM -10 REP.BY ITS PARTNER , K.EASWARAN PILLAI S/O P.K.NAIR BY ADV. SRI.SREENIJIN.P.V SMT.K.B.SONY SRI.SANU.S.PANICKER RESPONDENT(S): DECREE HOLDER --------------- ARJUN MATHAI S/O DR.BINOY MATHAI NEDUMCHALIL HOUSE MUVATTUPUZHA ERNAKULAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - W.-P.(C).No. 11899 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009 JUDGMENT Pius.C.Kuriakose, J. The judgment debtor in a proceeding for execution of an order of eviction passed concurrently by the rent control court and the appellate authority and confirmed by us under Ext.P1 judgment is the petitioner. He impugns Exts.P4 and P5 orders passed by the execution court. The cumulative effect of Exts.P4 and P5 is that the petition schedule building in which the petitioner is tenant is to be delivered over to the respondent landlord today i.e. 08/04/2009. Learned counsel for the petitioner Sri.Sanu.P.Panicker submitted that delivery has not taken place even now ( at 1.45 p.m.), since a submission was made before the learned Munsiff that this court is being moved. 2. We are informed that the ground which was prominently raised by the petitioner before the execution court for keeping in abeyance the proceedings for delivery was that the Supreme Court of India is being moved against Ext.P1 judgment. Sri.Sanu submits that WPC.No.11899/09 2 the number of SLP has now been obtained and the same is SLP 8662/2009. Learned counsel requested that one month's time be granted. Civil Courts are closing today and we feel that if delivery has not so far taken place, the petitioner can be granted time till 21/05/2009 when the courts re-open after mid-summer recess. Accordingly, without going into the merits of the various grounds raised in the writ petition and without examining the legality and correctness of the orders which are impugned in this writ petition, we dispose of the writ petition directing that if the delivery of the petition schedule building has not so far taken place, the same will stand adjourned to 22/05/2009. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. WPC.No.11899/09 2