IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA No. 712 of 2005()
1. AYANIKKATT PORUR BALAKRISHNAN,
... Petitioner
Vs
1. EDATHIL THODIKAYIL PERACHAKUTTY,
... Respondent
For Petitioner :SRI.V.V.SURENDRAN
For Respondent :SRI.S.V.BALAKRISHNA IYER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/03/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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R. S.A.NO.712 OF 2005
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Dated 15th March 2007
J U D G M E N T
Second appeal is filed challenging the concurrent
decree for recovery of possession of plaint schedule
property after demolishing the structure raised therein
from the possession of appellant. Appellant filed
I.A.568/07 to dismiss the appeal granting six months’ time
to demolish and surrender vacant possession of the plaint
schedule property. Learned counsel appearing for respondent
argued that both courts have granted decree and there is
no reason to grant further time to vacate. On hearing
learned counsel appearing for appellant and respondent it
is only in the interest of justice to grant the time sought
for by the appellant. I.A.568/07 is allowed.
R.S.A.712/05 is dismissed. Appellant is granted
six months’ time from today to surrender vacant position of
the building after demolishing the structure raised
therein. No cost.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.