Alexander @ Rajan vs Shobhana Rasiklal Thakrar
2021 Latest Caselaw 23852 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
                           OP(C) NO. 1368 OF 2021
                     OS 77/1999 OF MUNSIFF COURT, PUNALUR
PETITIONER/S:

               ALEXANDER @ RAJAN
               AGED 44 YEARS
               S/O. MATHEW, CONDUCTING SHEEJA BAKERY, KACHERY ROAD,
               PUNALUR, FROM CHARUVILAPUTHEN VEEDU, SASTHAMKONAM,
               PUNALUR VILLAGE.
               BY ADVS.
               B.KRISHNA MANI
               DHANUJA M.S


RESPONDENT/S:

    1          SHOBHANA RASIKLAL THAKRAR
               AGED 63 YEARS
               W/O. DR. JOHN JOHNSON, VAISAKH BUNGALOW, (VANMILA
               CHARLSPURAM) KIZHAKKEMURI, PIRAVANTHOOR VILLAGE,
               PATHANAPURAM TALUK, NOW RESIDING AT NO.58,
               SAPTHAGIRI NILAYA, 1ST FLOOR, 10TH MAIN, 14TH CROSS,
               WILSON GARDEN, BANGALORE, KARNATAKA - 560030.
    2          JOEL MONSY JOHNSON
               AGED 36 YEARS
               S/O. DR. JOHN JOHNSON, VAISAKH BUNGALOW, (VANMILA
               CHARLSPURAM) KIZHAKKEMURI, PIRAVANTHOOR VILLAGE,
               FATHANAPURAM TALUK, NOW RESIDING AT NO.58, M
               SAPTHAGIRI NILAYA, 1ST FLOOR, 10TH MAIN, 14TH CROSS,
               WILSON GARDEN, BANGALORE, KARNATAKA.
    3          ABEL RASIKLAL JOHNSON
               AGED 36 YEARS
               S/O. DR. JOHN JOHNSON, VAISAKH BUNGALOW, (VANMILA
               CHARLSPURAM) KIZHAKKEMURI, PIRAVANTHOOR VILLAGE,
               FATHANAPURAM TALUK, NOW RESIDING AT NO.58, M
               SAPTHAGIRI NILAYA, 1ST FLOOR, 10TH MAIN, 14TH CROSS,
               WILSON GARDEN, BANGALORE, KARNATAKA.
               BY ADV S.VIDYASAGAR


        THIS    OP     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.1368 of 2021

                                     -2-



                              JUDGMENT

Dated this the 04th day of December, 2021

The challenge in this original petition is

against Ext.P2 order of the executing court,

directing the petitioner to remove the

constructions made in the decree schedule

property and to handover possession to the decree

holder within 21 days. The suit is of the year

1999 and the execution proceedings commenced in

the year 2003. Even though various contentions

are raised challenging the impugned order, the

prayer is confined to grant one year's time for

vacating the decree schedule premises. The

impugned order is dated 08.03.2021 and the one

year period will be over by 08.03.2022.

2. Learned Counsel for the petitioner

requested to enlarge the time for vacating the

premises, taking into account the prevailing

pandemic situation. On the other hand, the O.P.(C) No.1368 of 2021

learned Counsel for the respondents submitted

that there being no merit in the challenge, the

original petition is liable to be dismissed

outright. It is pointed out that, in the interim

order dated 17.08.2021, this Court has recorded

the submission of the learned Counsel for the

petitioner that his client is willing to hand

over possession in terms of the decree within a

reasonable time.

Having heard the learned Counsel on either

side and being conscious of the very limited

scope of challenge, the original petition is

disposed of as under;

(i) The petitioner is given time till

31.03.2022 for vacating the premises and handing

over vacant possession to the respondent.

(ii) The petitioner shall file an

affidavit before the executing court within one

month, undertaking to surrender the premises by

31.03.2022.

O.P.(C) No.1368 of 2021

(iii) In terms of the undertaking, the

petitioner shall vacate the decree schedule

premises and hand over vacant possession to the

respondents on or before 31.03.2022.

(iv) In case of failure to file the

undertaking or act in terms of the undertaking,

the executing court shall proceed to evict the

petitioner forth with, and deliver vacant

possession to the respondent/decree holder.

Sd/-

V.G.ARUN JUDGE Scl/ O.P.(C) No.1368 of 2021

APPENDIX OF OP(C) 1368/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 9.7.2018 IN R.S.A.966/2010 BEFORE THE HON'BLE HIGH COURT OF KERALA.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 8.3.2021 ISSUED BY THE MUNSIFF'S COURT, PUNALUR IN O.S.77/1999 IN E.P. 5/2003.