IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30560 of 2004(K)
1. ROSSA @ SOSAMMA, W/O.KANNANAIKKAL
... Petitioner
Vs
1. KALDHAYA SYRIYANI CHURCH, THRISSUR,
... Respondent
2. PAUL, S/O.MULAKKAL INASU,
3. JOHNSON, S/O.ARIMBUR MOOPPAN
4. THOMAS, S/O.MAPRANAM ANTHAPPAN,
5. PAUL.C.JOSEPH, S/O.CHEERAMBAN JOSEPH,
6. IGNETIOUS, S/O.KAIMANGALATHUKKARAN
7. JOSEPH JOHNY, S/O.KANNKAPPADAN JOSEPH,
8. INASU, S/O.OLLUKKARAN JACOB,
9. ANTONY, S/O.CHOVVUKKARAN DEVASSY,
For Petitioner :SRI.A.X.VARGHESE
For Respondent :SRI.S.V.BALAKRISHNA IYER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/06/2007
O R D E R
M.N. KRISHNAN, J.
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WP(C).No. 30560 OF 2004 K
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Dated this the 20th June, 2007.
JUDGMENT
This writ petition is filed seeking a direction to the
Additional Munsiff Court, Thrissur to allow the petitioner
to continue in the decree schedule premises till her death.
The prayer is against the judgment and decree of the court
below. As per the decree dated 15.11.1999 the present writ
petitioner is directed to surrender vacant possession of
the suit property to the plaintiff-church and there was a
direction to the plaintiff-church to give the maximum time
for vacating the premises. Against that A.S.352/05 was
filed before the District Judge, Thrissur and the learned
District Judge dismissed the appeal. Now the decree holder
has moved an application for delivery of the property and
it is at that time the writ petitioner has come forward
with this petition. One of the Hon’ble Judges of this
Court wanted the church authorities to find out what can be
done with his old lady and the church authorities submitted
that they are ready and willing to accommodate the
petitioner in its old-age home till she dies. Therefore,
in order to obtain the instructions from the lady the case
has been postponed on the last 3-4 occasions. But the
counsel for the writ petitioner was not able to furnish any
WPC 30560/04 2
details. It has to be held that the decree has to be put
into execution and the decree holder is bound to get the
property. The writ petitioner has succeeded staying in
the property for the last eight years. Sufficient time is
already granted. But being a rainy season, I feel,
considering the age of the lady, a breathing time can be
granted for vacating the premises and therefore, the
executing court is directed to delivery the property to the
decree holder on 23.7.2007. I make it clear that if the
writ petitioner wants to get herself accommodated in the
old-age home of the church and as the church authorities
are willing, she can still take advantage of the same and
stay in that rescue home. Writ petition is disposed of
accordingly.
M.N.KRISHNAN
Judge
jj