IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 24160 of 2010(O) -------------------------- OS.602/1992 of I ADDL.MUNSIFF COURT.,TRIVANDRUM .................... PETITIONER: --------------- 1. SARASWATHI AMMA, W/O.LATE R.KUTTAPPAN NAIR, CHOTTUPURA QUARTERS, THEKKENADA, KOTTAKKAKAM, THIRUVANANTHAPURAM. 2. MOHAN KUMAR, S/O.LATE R.KUTTAPPAN NAIR, CHOTTUPURA QUARTERS, THEKKENADA, KOTTAKKAKAM, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD RESPONDENT: --------------- THE EXECUTIVE OFFICER, SREE PADMANABHA SWAMI TEMPLE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.24160 of 2010 --------------------------------------- Dated this 03rd day of August, 2010 JUDGMENT Respondent sued petitioners for eviction in the year 1992 in O.S.No.602 of 1992 of the court of learned Munsiff, Thiruvananthapuram. Petitioners raised certain contentions and were successful in getting the suit dismissed. Respondent filed A.S.No.49 of 1996. Appellate court was not impressed by the decision of learned Munsiff and reversed it. As per the judgment and decree dated 29-08-2003 respondent was permitted to evict petitioners and recover rent arrears and damages for unlawful use and occupation. Respondent filed E.P.No.512 of 2009.Petitioners filed E.A.No.589 of 2009 seeking six months' time to vacate the premise. That petition was dismissed by the executing court which ordered delivery to be effected on 04-08-2010. That order is under challenge. Learned counsel states that about the difficult situation in which petitioners are placed. It is stated that children of petitioner No.2 are studying in school and dislocation at this stage would effect their career. Petitioners agree to deposit the entire rent arrears due and continue to pay the same. 2. It is to be noted that though appellate court granted W.P.C.Nos.24160 of 2010 : 2 : judgment and decree in favour of respondent on 29-08-2003, execution petition was filed only in the year 2009. Having regard facts and circumstances of the case, I am inclined to grant petitioners two months' time from this day to vacate the suit property but subject to conditions. Resultantly this writ petition is disposed of in the following lines: Petitioners are granted two months' time from this day to vacate the suit property subject to the following conditions. (a) Petitioners shall deposit the entire rent arrears/damages for use and unlawful occupation due till 01-08-2010 within two weeks from this day in the executing court for payment to the respondent. (b) Petitioners shall continue to deposit the damages for use and occupation at the rate awarded by the appellate court in the executing court for payment to respondent during the period of two months granted by this court. The amount shall be deposited on or before 10th of each month. (c) Petitioners shall within two weeks from this day file an affidavit in the executing court W.P.C.Nos.24160 of 2010 : 3 : undertaking to vacate the suit property on the expiry of two months without putting forth any claim or objection on any account whatsoever. (THOMAS P JOSEPH, JUDGE) Sbna/-