IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 RSA.No. 441 of 2008 --------------------------------- AS.62/2004 of SUB COURT, VADAKARA OS.31/2003 of MUNSIFF COURT, VADAKARA .................... APPELLANT/APPELLANT/2ND DEFENDANT: SREEDHARAN, WEAVER, (SHOWN IN THE DECREE AS S/O.NOT KNOWN, AGED NOT SHOWN), RESIDING AT PALAYADANTAVIDA, CHOMBAL AMSOM DESOM. BY ADV. SRI.MOHANAN V.T.K. SRI.P.NARAYANAN RESPONDENTS/RESPONDENTS/PLAINTIFF&IST DEFENDANT: 1. P.P.SAVITHRI, D/O.KANNAN, AGED 54 YEARS, SWASTHAM, RESIDING AT SHABINA NIVAS, VATAKARA AMSOM, DESOM. 2. KOVUKKAL SEKHARAN, S/O.GOVINDAN, AGED 70 YEARS, SWASTHAM, RESIDING AT KARIVAYAL, AZHIYUR AMSOM DESOM. BY ADV. SRI.C.P.MOHAMMED NIAS FOR R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- R.S.A.No. 441 of 2008 --------------------------- JUDGMENT Advocate Sri.Mohammed Nias entered appearance for the first respondent. Heard both sides. 2. Counsel for the first respondent submits that he is agreeable to grant an outer limit of three months only to the appellant to surrender vacant possession of the scheduled building. In the result, while dismissing this Regular Second Appeal refusing admission, I grant the appellant time of three months to surrender vacant possession of the scheduled building to the first respondent on condition that the appellant shall file unconditional undertaking before the execution court within one month from today, agreeing to surrender vacant possession of the scheduled premises to the first respondent within three months, viz., positively on or before 30.9.2008. In the event of affidavit aforesaid not being filed within the said one month, the order of eviction RSA 441/08 2 shall become executable forthwith on the expiry of the said one month and no further extension of time will be granted on any count whatsoever either for filing affidavit or for surrendering vacant possession of the scheduled building as ordered above. 30th June, 2008 (K.P.Balachandran, Judge) tkv