Ben Joseph vs Bijumon

C.S Dias, J

The original petitions are filed challenging the execution proceedings in E.P. No.56/2018 in O.S. No.13/2017 of the Court of the Subordinate Judge, Alappuzha.

Heard; Sri. K.C. Sudheer, the learned counsel appearing for the petitioner and Sri. Hariharaputhran, the learned counsel appearing for the respondent.

Sri.K.C. Sudheer, on instructions, submits that the petitioner’s only limited relief is to grant him a breathing time to surrender the vacant possession of the decree schedule property. The petitioner is willing to file an undertaking before the execution court today itself that he would vacate the decree schedule property on or before 10.8.2023. The said submission is recorded. I find the above submission is reasonable and justifiable. The said request is not vehemently opposed by the learned counsel appearing for the respondent.

Viewed in the above background and taking a lenient view in the matter, I am of the view that the petitioner is to be granted time till 10.8.2023 to vacate from the decree schedule property.

Resultantly, I dispose of the original petitions as follows:-

(i) The petitioner’s relief in the original petitions to stay further proceedings in E.P. No.56/2018 is rejected.

(ii) The petitioner is permitted to continue in possession of the decree schedule property till 10.8.2023, subject to the condition that the petitioner files an unconditional undertaking before the execution court that he would handover the possession of the decree schedule property to the Amin on 10.8.2023.

(iii) The Court of the Subordinate Judge, Alappuzha is directed to defer further proceedings in E.P. No.56/2018 till 10.8.2023.

(iv) It is made clear that in case the petitioner fails to file an undertaking as ordered above, the court below shall see that the possession of the decree schedule property is handed over to the respondent on 11.8.2023.