IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 13235 of 2008(A) -------------------------------------- PETITIONER: ------------------ GIRLY ALPHONS, T.C.NO.32/641-1, BALAN NAGAR, VETTUKADU, TITANIUM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.BABU KUMAR RESPONDENTS: ----------------------- 1. SIMON ANTONY, K.V.HOUSE, VALIYAVELI P.O., THIRUVANANTHAPURAM. 2. ELGIN FERNANDUS, W/O.SIMON ANTONY, K.V.HOUSE, VALIYAVELI P.O., THIRUVANANTHAPURAM. 3. S.I.OF POLICE, POONTHURA POLICE STATION, THIRUVANANTHAPURAM. 4. C.I OF POLICE, POONTHURA POLICE STATION, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 13235/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE GIFT DEED NO.1973 DT. 5.7.90. EXT.P2:- COPY OF THE EXECUTION PETITION FILED BY THE IST & 2ND RESPONDENT BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM DT. 27.11.07. EXT.P3:- COPY OF THE AFFIDAVIT SWORN BY THE ADVOCATE DT. 11.4.08. EXT.P4:- COPY OF THE REPESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DT. 11.4.08. /TRUE COPY/ P.A. TO JUDGE tss C.N.RAMACHANDRAN NAIR & S.SIRI JAGAN, JJ. ------------------------- WP(C) No. 13235 of 2008 --------------------------------- Dated, this the 25th day of April, 2008 J U D G M E N T Ramachandran Nair,J. Petitioner's grievance is that she is being evicted from her house that was gifted to her daughter, namely 2nd respondent, under the guise of execution of decree, which is stated to be not against the petitioner. The gift deed produced in this Court, as Ext.P1, shows that petitioner has reserved right to reside in the house for life. Petitioner's case is that even though respondents 1 & 2 have obtained decree in a suit filed against her other children, the said decree is not against the petitioner. If that be so, there is no justification for the Executing Court to evict the petitioner. Learned counsel appearing for respondents 1 & 2 contended that petitioner was not residing in the house and therefore, she cannot get any police protection to enter the house. We are unable to accept this contention because so far as petitioner has reserved right to stay in the house, it is always open to the petitioner to go and stay there at any time during her life time. This writ petition is, accoridngly, disposed of directing the Exeucting Court to consider the matter in the vacation itself and to permit the petitioner to reside in the house, WP(C) No. 13235/2008 -2- unless there is a decree ordering her eviction. Petitioner will produce copy of this judgment for compliance by the vacation court. Police will give protection in terms of the civil court order. In the meantime, police will ensure that petitioner's life is protected. (C.N.RAMACHANDRAN NAIR, JUDGE) (S.SIRI JAGAN, JUDGE) jg