IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18839 of 2009(Y) -------------------------- RCRP.1/2008 of I ADDL.DISTRICT COURT, ERNAKULAM RCP.63/2005 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- RAJAN, AGED ABOUT 61 YEARS, S/O. MOOLANKUZHI NARAYANAN, RESIDING AT PULIMOOTIL PARAMBIL UNICHIRA, CHANGAMPUZHA NAGAR.PO BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- DR. K.V.RAMESH, AGED 63 YEARS, S/O. KANNAMURI VAVA, RESIDING AT 'ABHILASH' UNICHIRA, THRIKKAKARA.P.O., COCHIN-682021. ADV. SRI.R.PADMARAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 18839 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. Read our order dated 6-6-2009. We have heard Sri.R.Padmaraj as well as Sri.A.T.Anilkumar on the question of time to be granted to the writ petitioner to surrender the premises . Having regard to the submissions, we are of the view that time can be granted till 31/12/2009. The result of the writ petition will be as follows : The writ petition is dismissed. The execution court is directed to defer ordering and effecting delivery of the petition schedule building in favour of the respondent till 01/01/2010 subject to the following conditions; The petitioner shall file an affidavit before the execution court within ten days from today undertaking to peacefully surrender the petition schedule building to the respondent on or before 31/12/2009. He shall also undertake through the WPC.NO.18839 OF 2009 2 same affidavit that he will discharge arrears of rent if any within one month and that he will continue to pay occupational charges at the current rent rate till he surrenders promptly and regularly. It is clarified that the petitioner will be entitled for the benefit of time granted as above only if he files the affidavit on time. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. WPC.NO.18839 OF 2009 2