IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 36494 of 2008(T) E.A.NO.985/2008 IN E.P.NO.134/2008 IN OS.208/2002 OF ADDITIONAL SUB COURT, THALASSERY PETITIONER: --------------- KOOPATT BALAKRISHNAN NAIR, S/O.NARAYANAN NAMBIAR,AGED 60 YEARS, BUSINESS, RESIDING AT "SNEHA NIVAS" NEAR CHIRAKKAL CHIRA, P.O.CHIRAKKAL, KANNUR DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT: --------------- P.P.SATHYAPALAN, S/O. LATE P.M. RAMUNNI, AGED 50 YEARS, BUSINESS, RESIDING AT 'NAVADARSH',KAKKAT, KANNUR DISTRICT. BY ADV. SRI.T.M.SREEDHARAN SRI.V.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE EXECUTION PETITION IN EP.NO.134/08 IN EP.NO.442/04 IN OS.NO.208/02 DATED 27.5.2008 ON THE FILE OF THE ADDITIONAL SUBORDINATE JUDGE'S COURT, THALASSERY. EXT.P2 TRUE COPY OF THE AFFIDAVIT FILED IN E.A.NO.985/08 IN E.P.NO.134/08 OF THE ADDITIONAL SUB JUDGE, THALASSERY. EXT.P3 TRUE COPY OF THE COUNTER IN EA.NO.985/08 IN EP.NO.134/08 OF THE ADDITIONAL SUB JUDGE, THALASSERY. EXT.P4 TRUE COPY OF THE ORDER IN E.A.NO.985/08 IN E.P.NO.134/08 DATED 29.11.2008 ON THE FILE OF THE ADDITIONAL SUB COURT, THALASSERY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 36494 OF 2008 T ------------------------------------------------------ Dated this the 6th March, 2009 JUDGMENT The judgment debtor in E.P.No.134 of 2008, on the file of the Court of the Subordinate Judge of Thalassery, filed this Writ Petition challenging Ext.P4 order dated 29.11.2008, by which the court below rejected the prayer made by the petitioner to grant him six months' time to vacate the premises. The residential property which belonged to the petitioner was sold in court auction and it was purchased by the respondent/decree holder. The sale was held on 12.4.2007 and it was confirmed on 18.1.2008. 2. It is now agreed by the parties that the petitioner can be granted time till 20.4.2009 to vacate the premises, on condition that the petitioner shall file an undertaking before the executing court on or before 20.3.2009, undertaking to vacate the building on or before 20.4.2009. The execution proceedings shall be kept in abeyance till 20.4.2009. If the petitioner fails to file the undertaking, the decree holder/auction purchaser will be entitled to get delivery forthwith. It is also agreed that Rs.10,000/- deposited by the petitioner as per the interim order shall be taken as the W.P.(C) NO.36494 OF 2008 T :: 2 :: consideration for allowing the petitioner to reside in the house till 20.4.2009. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/