Dismissed

Viswambharan Vaidyar v. the Sreenarayana Trust

Kerala HC5 Sept 2012CRP/359/2012

Case brief

AI extract

What is this about?

In a civil revision petition, the High Court of Kerala held that execution proceedings for eviction are well-founded as the interim stay granted in related proceedings was subsequently lifted. The Court denied further time to vacate and dismissed the petition.

What did the court decide?

The Civil Revision Petition is dismissed; the order directing delivery in execution proceedings remains valid; no further time is granted to vacate.

Viswambharan Vaidyar Vs the Sreenarayana Trust — Property and Title | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2012/14TH BHADRA 1934

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CRP.No. 359 of 2012 () ---------------------EP 68/2010 IN OS.82/1997 of SUB COURT,KOTTARAKKARA

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REVISION PETITIONER(S)/JUDGEMENT DEBTOR:

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VISWAMBHARAN VAIDYAR S/O.SUKUMARAN, DIVYA BHAVAN, AYOOR MURI EDAMULACKAL VILLAGE, PATHANAPURAM TALUK KOLLAM DISTRICT.

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BY ADVS. SRI. T. KRISHNANUNNI SRI.SAJU.S.A SRI.K.C.KIRAN SMT.MEENA.A. SRI.JAMSHEED HAFIZ

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RESPONDENT(S):

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THE SREENARAYANA TRUST KOLLAM REPRESENTED BY ITS SECRETARY SRI.VELLAPPALLY NATESAN S/O.KESAVAN, VELLAPPALLY HOUSE, KANICHUKULANGARA ALAPPUZHA - 688544.

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BY ADV. SRI. RAJAN BABU

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. CHITAMBARESH, J

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C.R.P. NO. 359 OF 2012

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Dated this the 5^th day of September, 2012

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ORDER

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R.S.A. No. 317/2011 was dismissed by this court by judgment dated 17.06.2011 confirming the decree in O.S. No. 82/1997 on the file of the court of the Subordinate Judge of Kottarakkara. The said suit was one instituted by the respondent Trust seeking eviction of the petitioner from the plaint schedule room wherein he is conducting an Ayurveda Vydyasala. This court was indulgent enough to grant a period of six months from 17.06.2011 to the petitioner to surrender vacant possession of the premises to the respondent Trust.

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An attempt of the petitioner to get extension of time by six more months to vacate the premises failed by the dismissal of I.A. No. 3045/2011 in R.S.A. No. 317/2011 by order dated 16.12.2011. OP(C) No. 526/2012 was dismissed by this court by judgment dated 30.03.2012 confirming the order of the execution court in E.A. No. 205/2011 in E.P. No. 68/2010. The said execution application was filed seeking stay of execution proceedings under Order XXI Rule 26 of the Code

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CRP No. 359/2012

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of Civil Procedure till the disposal of a fresh suit filed by the petitioner.

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The petitioner has filed O.S. No. 284/2011 on the file of the court of the Subordinate Judge of Kottarakkara seeking specific performance of an alleged agreement to allot the shop room to the petitioner. An application for injunction (I.A. No. 1634/2011) filed therein was directed to be considered in OP(C) No. 1735/2012 by this court by judgment dated 05.06.2012. It was clarified in R.P. No. 615/2012 in OP(C) No. 1735/2012 that the execution proceedings in O.S. No. 82/1997 can continue dependent on the orders passed in I.A. No. 1634/2011 in O.S. No. 284/2011.

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It has now transpired that I.A. No. 1634/2011 has been disposed of by the court below wherein there is no restraint as regards dispossession of the petitioner from the premises in question. The respondent Trust is certainly entitled to execute the decree in O.S. NO. 82/1997 after the expiry of the period of six months in R.S.A. No. 317/2011. There is no grace on the part of the petitioner in seeking further time to vacate the premises

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CRP No. 359/2012

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and the order of the court below directing delivery in E.P. No. 68/2010 is well founded.

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The Civil Revision Petition fails and is dismissed.

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V. CHITAMBARESH JUDGE

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ncd

Viswambharan Vaidyar v. the Sreenarayana Trust

Case brief

What is this about?

What did the court decide?

Viswambharan Vaidyar v. the Sreenarayana Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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