IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 549 of 2008()
1. V.P.SURENDRAN, PALAKULAM VELIYIL,
... Petitioner
2. OMANA SURENDRAN, PALAKULAM VELIYIL,
3. SUMESH, PALAKULAM VELIYIL,
Vs
1. N.C.J.JOHN, NEROTH HOUSE
... Respondent
For Petitioner :SRI.G.SUKUMARA MENON
For Respondent :SRI.ROY CHACKO(CAVEATOR)
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :22/07/2008
O R D E R
K.P. Balachandran, J.
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R.S.A.No.549 of 2008
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JUDGMENT
Defendants in O.S.No.826/04 on the file of the
Munsiff’s Court, Alappuzha, who are the appellants
herein, assails in this appeal the concurrent
decrees passed against them by the courts below
allowing recovery of possession in favour of the
respondent/plaintiff.
2. After advancing vehement arguments on the
merits of the case and probably, on being convinced
that this Court is of the view that no substantial
question of law arises for consideration in this
appeal and that the contentions are barred by res
judicata in view of the decree in O.S.No.584/04,
which has become final, counsel for the appellants
submits that seven months’ time may be granted to
the appellants to surrender vacant possession of
the scheduled building and that this Regular Second
Appeal be dismissed.
RSA 549/08 2
2. Inasmuch as there is no substantial question
of law that arises for consideration in this
Regular Second Appeal and in view of the submission
made as aforesaid by the counsel for the
appellants, which is not seriously opposed to by
the counsel for the respondent, provided, at least
damages for use and occupation is granted to the
respondent/plaintiff, I dismiss this Regular Second
Appeal with the following directions:
Appellants shall be entitled to continue in
occupation of the scheduled building for a term of
seven months from today, in case an amount of
Rupees ten thousand is deposited positively within
one week from today for payment to the respondent
by way of damages for use and occupation of the
scheduled premises and similarly, another amount of
Rupees thirty thousand within a further period of
three months therefrom. In the event of failure to
deposit the amounts as aforesaid either within the
said period of one week or within the further
RSA 549/08 3
period of three months, as the case may be, the
respondent shall be entitled to execute the decree
and to have recovery of vacant possession of the
scheduled building from the appellants/defendants
and in that event, the respondent/plaintiff shall
also be entitled to the entire execution costs that
may be incurred by him.
22nd July, 2008 (K.P.Balachandran, Judge)
tkv