Sudevan Nair vs Usha Kumari
2021 Latest Caselaw 5242 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                      OP(C).No.365 OF 2021

    (AGAINST THE ORDER DATED 06.01.2021 IN E P 22/2020 IN OS
         1649/2016 OF THE MUNSIFF'S COURT ,TRIVANDRUM)

                            -------


PETITIONER/J D:

             SUDEVAN NAIR
             AGED 60 YEARS
             S/O. GANGADHARAN NAIR,
             SANKARAVILASATHU VEEDU,
             CHIRAKKONAM, PEYAD PO,
             THIRUVANANTHAPURAM-695 573.

             BY ADV. SRI.S.SACHITHANANDA PAI

RESPONDENT/D H:

             USHA KUMARI
             AGED 46 YEARS
             D/O. SAROJINI AMMA,
             RAJI BHAVAN, TC 64/1044,
             KARUMOM P.O., KOCHARVILAKATHU,
             MANUKULADICHA MANGALAM NEMOM VILLAGE,
             THIRUVANANTHAPURAM-695 002.

             R1 BY ADV. SRI.G.P.SHINOD
             R1 BY ADV. SRI.GOVIND PADMANAABHAN
             R1 BY ADV. SHRI.AJIT G ANJARLEKAR

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
          ==================
                 O. P. (C) No.365 of 2021
          ==================
         Dated this the 12th day of February, 2021

                               JUDGMENT

The original petition is filed seeking the

following reliefs:-

"Issue a direction to the court below to grant 6 months time to surrender the plaint schedule building to the respondent, involved in EP 22/2020 in OS 1649/2016 of the 1st Additional Munsiff Court, Thiruvananthapuram."

2. In execution of a compromise decree passed

in the year 2019, the petitioner-judgment debtor is

sought to be evicted. Though it is hard to find any

justification for the conduct of the petitioner in

having refused to comply with the terms of the

compromise so far, as a last opportunity, the

petitioner could be granted two months time to

vacate the premises unconditionally, on his

undertaking to vacate the premises on the expiry of

two months.

O. P. (C) No.365 of 2021

In the result, this original petition is

disposed of granting the petitioner time till

12.04.2021 to unconditionally surrender the

premises in question subject to the condition that,

the petitioner files an affidavit before the

execution court on or before 19.02.2021 undertaking

to unconditionally vacate the premises on or before

12.04.2021. The petitioner shall also undertake not

to induct strangers, or commit any waste or create

any third party interests over the property in

question.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.365 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF EP 22/2020 IN OS 1649/16 OF THE IST ADDITIONAL MUNSIFF'S COURT THIRUVANANTHAPURAM.

EXHIBIT P2 COPY OF OBJECTION EP 22/2020 IN OS 1649/16 OF THE IST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 COPY OF ORDER DATED 6.1.2021 IN EP 22/2020 IN OS 1649/16 OF THE IST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

---------