IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Mat.Appeal.No. 779 of 2009() ---------------------------- APPELLANT/RESPONDENT ----------------------------------- P.SUNITHA, D/O.PADMA, AGED 40, RESIDING AT SAGARIKA, PNR A 46, DR.PAI LANE, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.S.V.PREMAKUMARAN NAIR RESPONDENT(S): PETITIONER ------------------------- K.V.JAYARAJ, S/O.K.M.VIJAYAN, AGED 46, RESIDING AT 'SAGARIKA', PNR A 46, DR.PAI LANE, POOJAPPURA, THIRUVANANTHAPURAM. ADV. SRI.P.N.PURUSHOTHAMA KAIMAL FOR R THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- MAT Appeal No.779 of 2009 ------------------------------------------- Dated this the 2nd November, 2010 JUDGMENT Basant, J. This appeal is directed against an order under which the appellant, a divorced wife has been ordered to be evicted from the house exclusively belonging to her husband, the respondent herein. 2. We have heard both counsel. The wife, admittedly, has no right or title to remain in the house in question. The residential building unquestionably belongs exclusively to the respondent/divorced husband. The wife happened to continue in the house by virtue of her position as a divorced wife in continuation of her earlier residence therein. 3. The short submission of the learned counsel for the appellant is that the appellant has not got vacant possession of other adjacent buildings belonging to her. She wants time to secure vacant possession of such MAT Appeal No.779/2009 2 buildings before she is obliged to vacate the residential building. 4. After discussions at the Bar, it is agreed between the counsel that this appeal can now be dismissed with the observation that the appellant shall not be evicted from the residential building till 31.3.2011. To enable the appellant to take advantage of this concession, the appellant shall have to file an affidavit of unconditional undertaking before the Execution Court within a period of one month. That she shall surrender vacant possession without demand on 31.3.2011, at the latest. If such affidavit of undertaking is not filed, the Execution Court shall be at liberty to proceed with the execution straight away. 5. This appeal is accordingly dismissed with the above observation. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE MAT Appeal No.779/2009 3 css/