IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 36020 of 2008(K) -------------------------- OS.89/2003 of PRL.M.C.,IRINJALAKUDA .................... PETITIONER --------------- SURESH KUMAR, AGED 40, S/O.VADAKETHADATHIL SIVARAMA PILLAI, AMBALLUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- THE KOODALMANIKYAM DEVASWOM MANAGING COMMITTEE, REP. BY ITS ADMINISTRATOR, MANAVALASSERY VILLAGE, IRINJALAKUDA P.O THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 36020 OF 2008-K ------------------------------- Dated this the 5th December, 2008. JUDGMENT Heard counsel for the petitioner. 2. The decree that is being executed as against the petitioner by the respondent/Devaswom is a decree for eviction as also for arrears of rent and the amount as per the E.P comes to Rs.54,740/- (Rupees fifty four thousand seven hundred forty only). The petitioner cannot resist execution of the decree for eviction without paying any amount that has been decreed towards arrears of rent. In the result it is ordered that in the event of the petitioner depositing from out of the amount decreed an amount of Rs.30,000/- (Rupees thirty thousand only) in the court below, or paying the said amount to the respondent/decree holder and reporting the matter before the execution court on or before the day on which delivery stands posted, the delivery shall stand adjourned by one month. The petitioner is not entitled to any other relief in this writ petition. As Exts.P5 and P6 orders were being passed as WPC 36020/2008 2 the petitioner did not comply with the conditions as seen from those orders and no further relief than what is ordered above is liable to be granted to the petitioner. This writ petition is disposed of with the above directions. K.P.BALACHANDRAN JUDGE jj