IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 19939 of 2008(W) ------------------------------------- AGAINST THE ORDER DATED 24/05/2008 IN EP 44/ 2008 IN EP.66/1999 of SUB COURT, MANJERI .................... PETITIONER: ------------------ K.T.ABU, S/O.HASSAN MUSALIYAR, KIZHAKKETHALAKKAL HOUSE, VALAMPUR, PERINTHALMANNA. BY ADV. SRI.SAJU.S.A RESPONDENT: --------------------- PERINTHALMANNA TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD BY SECRETARY. BY ADV. SRI.WILSON URMESE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE COUNTER DATED 03.04.2008 IN E.P.44/2008, SUB COURT, MANJERI, ALONG WITH EXHIBITS. EXHIBIT P2 : TRUE COPY OF THE ORDER DATED 24.05.2008 IN E.P.NO. 44/2008 IN E.P.NO. 66/1999 IN A.R.C.NO. 854/97-98, SUB COURT, MANJERI. /TRUE COPY/ P.A. TO JUDGE. vkm M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 19939 OF 2008 ------------------------------------------ Dated this the 18th day of July, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India to grant six months time for the petitioner to vacate the property. Petitioner is the judgment debtor in A.R.C. 854 of 1997-98 which is being executed in E.P.66 of 1999, for realization of the amount due to the respondent Society. The property of the petitioner was sold in auction sale and was purchased by respondent Society the decree holder. When delivery was sought, this petition is filed seeking six months time to deliver possession of the property. 2. Learned counsel appearing for petitioner and respondent were heard. 3. The case of the petitioner is that his wife is suffering from Cancer and is being critically ill and in such circumstances he may be granted six months time to surrender possession of the property. Learned counsel appearing for respondent opposed the application. Though parties were advised to settle WPC19939/08 2 the dispute, they could not arrive at a settlement. 4. When the property was sold in court auction for non payment of the decree debt and was purchased by respondent decree holder and the sale is confirmed, petitioner is not entitled to contend that respondent decree holder/auction purchaser is not entitled to take delivery of the property. In such circumstances petitioner is not entitled to seek time for surrender of possession. But considering the fact that wife of petitioner is suffering from advance stage of Cancer, executing Court is directed to grant one month’s time to the petitioner to surrender possession of property. Delivery be effected after one month from today. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-