IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22799 of 2008(L) -------------------------- AGAINST THE ORDER IN EP 25/1989 IN OS.67/1987 of SUB COURT,KOTTARAKKARA .................... PETITIONER: ------------ P.MANOHARAN, S/O.PURUSHOTHAMAN, AGED 57, PUTHENVILA VEEDU, ANCHAL, YEROOR P.O. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- THE CATHOLIC SYRIAN BANK LTD. REPRESENTED BY BRANCH MANAGER, PUNALUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22799 of 2008 ------------------------------- Dated this the 29th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to set aside Ext.P4 order passed in E.A.No.154 of 2006 in E.P.No.25 of 1989 in O.S.No.67 of 1987, on the file of Sub Court, Kottarakkara. For execution of the decree passed by Sub Court in O.S.No.67 of 1987, E.P.No.25 of 1989 was filed, for sale of the charged property. The property was sold in court auction and was purchased by the decree holder. E.A.No.154 of 2006 was filed for taking delivery of the property. Under Ext.P4 order, learned Sub Judge directed delivery of the property on 30.7.2008. This petition is filed to quash that order. 2. On hearing the learned counsel for the petitioner and the respondent decree holder, I do not find any illegality or irregularity warranting interference in Ext.P4 order. 3. The learned counsel appearing for the petitioner then submitted that petitioner may be granted three month's time to surrender vacant possession of the building, and petitioner is prepared W.P.(C) No.22799 of 2008 2 to file an unconditional undertaking before the Executing Court to surrender vacant possession. It is also submitted that petitioner has no shelter anywhere else and if the property is taken delivery, petitioner with his family would be thrown out to the streets. 4. The learned counsel appearing for the respondent submitted that suit is pending from 1987 and Execution Petition itself was pending from 1989 and in F.A.O.No.218 of 2005, this Court granted time to the petitioner to pay the decree debt and he did not remit the same, and in such circumstances, petitioner is not entitled to any further leniency. 5. If the petitioner files an unconditional undertaking before the Executing Court on or before 30.7.2008, agreeing to surrender vacant possession of the building, on the expiry of 60 days from 30.7.2008, Executing Court shall adjourn delivery to 60 days beyond 30.7.2008. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.