IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Ex.FA.No. 35 of 2011(E) ----------------------- AGAINST THE ORDER DATED 28/10/2011 IN EA 252/11 IN EA 155/11 IN EP.42/2007 of SUB COURT, TIRUR .................... APPELLANT (S):PETITIONER: ------------------------------------------- VILLATHEYIL SHEKARAN,S/O.KUNHAN, KUTTIPPALA AMSOM ,NADUVATTOM DESOM. PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. SRI.GOKULAM CHITTS AND FINANCE CO.PVT. LTD.,NO.49 ARCOT ROAD,KODAMBAKKAM,CHENNAI-24, REPRESENTED BY K.V.SAVITHA,W/O.THYAGARAJ, LEGAL ASSISTANT. 2. M.A.HAROON,S/O.A.KAREEM, KUTTIPPALA AMSOM,NADUVATTOM DESOM,SHUKAPURAM PO, PONNANI TALUK, MALAPPURAM DISTRICT,PIN 679 576. 3. HALEEMA HAROON,W/O.M.A.HAROON, KUTTIPPALA AMSOM,NADUVATTOM DESOM,SHUKAPURAM PO, PONNANI TALUK, MALAPPURAM DISTRICT,PIN 679 576. 4. THERAYIL PRIYADAS, S/O.KUNHUNNI, KUTTIPPALA AMSOM, KALADITHARA DESOM, PONNANI TALUK, MALAPPURAM DISTRICT,PIN 676501. R4 BY ADV. SRI.SAJU J.VALLYARA (FOR CAVEATOR) THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- EX.F.A.No.35 of 2011 ----------------------------------------- Dated, this the 12th day of December, 2011 J U D G M E N T K.M.Joseph, J. Appellant is the petitioner in EA.252/2011 in EA.155/2011 in EP 42/2007. EP 42/2007 was filed by the first respondent on the basis of the decree which resulted from an award in the arbitration proceedings launched by the first respondent against respondents 2 and 3. According to the appellant, there is an agreement to sell between the appellant and respondents 2 and 3 dated 6.12.2001 and he is in possession on the strength of the same and that the suit for specific performance filed by him is subsequently decreed. 2. We heard the learned counsel for the appellant and learned counsel for the Caveator, the fourth respondent who is none other than the auction purchaser in an auction held in pursuance of the decree. Learned counsel for the appellant would only submit that the appellant may be given two months' time to hand over possession of the petition schedule property to the fourth respondent. Learned counsel for the respondents also does not seriously oppose grant of two months' time. Accordingly, EXFA 35/2011 -2- we pass the following order: (i) Appellant is given two months' time from today to vacate and hand over possession of the petition schedule property to the fourth respondent herein. (ii) The proceedings against the appellant for delivery will be kept in abeyance to facilitate implementation of this order. (iii) The appellant, in order to ensure compliance of this order shall file an affidavit stating that he will vacate possession of the petition schedule property within two months from today. The said affidavit shall be filed within two weeks from the date of receipt of a copy of this order. In the affidavit, the appellant shall also specifically state that the appellant will not put any one else in possession of the petition schedule property. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS