Jacob P.Cheriyan vs St.Marys Catheedral Basilica on 11 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1004 of 2006()


1. JACOB P.CHERIYAN, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. ST.MARYS CATHEEDRAL BASILICA,ERNAKULAM
                       ...       Respondent

2. KAIKAR KOCHAPPU KUNDUKULANGARA,

3. KAIKAR K.J.ANTONY,

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :11/12/2006

 O R D E R
                              M.SASIDHARAN NAMBIAR, J.

                            ------------------------------------------

                                  C.R.P.NO.1004 OF 2006

                               -----------------------------------------

                      Dated this the  11 th  day of December, 2006.


                                            ORDER

Petitioner is the judgment debtor and respondents the

decree holders. In execution of the decree in O.S.1202/03, on the file

of principal Munsiff court, Ernakulam, executing court directed to

deliver the property on 13.12.06. This revision petition is filed

challenging that order. The order passed by the executing court shows

that the decree was passed in terms of the compromise. Petitioner

had agreed to surrender vaccant possession of the building on

12.02.06. He did not vacate the building. He did not pay rent also. In

such circumstances the direction to deliver the property cannot be said

to be illegal or improper warranting interference in exercise of the

revisional jurisdiction of this court under Section 115 of Code of Civil

Procedure.

2. Learned counsel appearing for petitioner then submitted

that petitioner may be granted time to shift the residence and

petitioner is prepared to surrender vaccant possession on a date fixed

by this court. Petitioner had agreed to surrender vaccant possession

C.R.P.NO.1004 OF 2006

2

of the building within a week on 12.02.06. Executing court directed

delivery only to 13.12.06. Therefore petitioner cannot contend that he

did not have sufficient time to shift the residence. What ever it may

be, in the interest of justice petitioner is granted time to surrender

vacant possession of the building up to 20.12.06. If the petitioner fails

to surrender the building, learned Magistrate is to depute the amin and

deliver the property to the decree holder on 21.12.06.

M.SASIDHARAN NAMBIAR,

JUDGE.

bkn