SWAMY Vs. P.V. SHANTHA AND OTHERS

JUDGEMENT

(1.) AT the request of the learned counsel for the petitioner, notice to respondent Nos. 2 to 8 is dispensed with. These two writ petitions by judgment debtor No. 8 are directed against an interlocutory order dated September 17th, 2013 passed by the executing Court in Execution No. 131 of 2009. By the impugned order, the petitioner -judgment debtor No. 8 is granted ten days' time to vacate and to deliver possession of the execution petition schedule premises to the decree holder (respondent No. 1 herein) failing which it is ordered that the decree holder is at liberty to execute the delivery warrant with the help of police.

(2.) LEARNED counsel for the petitioner submits that the petitioner -judgment debtor No. 8 is in exclusive possession of the execution petition schedule premises only to the extent of 1,595 sq. ft. and that the writ petitions may be disposed of by granting time to him till July 10th, 2014 to voluntarily vacate and to deliver vacant possession of the aforesaid premises to respondent No. 1 -decree holder. He further submits that the petitioner is willing to pay a lump -sum damages of Rs. 4,50,000/ - (Rupees Four Lakhs Fifty thousand) for the use and occupation of the aforesaid premises for the period ending July 10th, 2014 and that he will pay the said amount in three equal instalments of Rs. 1,50,000/ - each, through bank draft drawn in favour of the decree holder, namely Smt. P.V. Shantha. He further submits that if the petitioner commits any default, the respondent -decree holder may be held to be entitled to immediate possession of the aforesaid premises measuring 1,595 sq. ft. He also submits that the petitioner -judgment debtor No. 8 is not in possession of any other portion of the execution petition schedule premises, except 1,595 sq.ft.