IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 23846 of 2008(L) -------------------------- OS.378/1993 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: ------------ SHAHUL HAMEED ,S/O.ASAINARU PILLAI, AGED 60, VARIKKARANMOOTTUVILE VEEDU, ALINKAMON. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. INDIRA BAI AMMA,KARIMPANA VEEDU AINKAMAN, PARASALA. 2. GANGADHARAN NAIR, H/O. IST J.D RESIDING AT DO..DO.. 3. MOHANKUMAR, AGED 40,S/O.VASUDEVAN NAIR KAMAL NILAYAM, RISHIMANGALAM WARD VANCHIOYOOR, VILLAGE, THIRUVANANTHAPURAM TALUK. 4. IBRAHIM,V.K.HOUSE VARIKKAMAMOOTTU PURAYIDOM, AINKAMON. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23846 of 2008 ------------------------------- Dated this the 7th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging the order passed by Additional Munsiff, Neyyattinkara, in E.P.No.166 of 2007 in O.S.No.378 of 1993, directing delivery of the property. 2. The learned counsel appearing for the petitioner and first respondent were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner may be granted six months time to vacate the building. 4. Learned counsel appearing for first respondent opposed the prayer submitting that suit was instituted in 1993 and in such circumstances, no further time may be granted. 5. On hearing the learned counsel for the petitioner, I do not find any illegality or irregularity in the executing court directing delivery of the property, when the question has been concluded by this W.P.(C) No.23846 of 2008 2 Court in the S.A.No.835 of 1996 and finally in C.R.P.No.160 of 2003. In such circumstances, petitioner is not entitled to object to, to the order of delivery granted by the executing court. But in view of the submissions made by the learned counsel appearing for the petitioner, petitioner is granted three weeks time to surrender vacant possession of the property, on the petitioner filing an unconditional undertaking before the executing court on or before 11.8.2008, undertaking to surrender vacant possession of the building, on the expiry of three weeks from that date. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.