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2026 Supreme(Online)(Ker) 10469

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NAVEENA.P. – Appellant
Versus
M.K.SUBAIDA – Respondent
RSA NO. 336 OF 2023 | A.S.NO.7 OF 2017 | O.S.NO.19 OF 2015



Advocates:
For the Appellants/Petitioners: SRI.M.PROMODH KUMAR, SMT.MAYA CHANDRAN
For the Respondents: SRI.R.PARTHASARATHY, SRI.B.KRISHNAN

Court dismissed the appeal, granting three months for appellant to vacate, with no substantial legal questions arising.

Headnote:This case pertains to RSA No. 336 of 2023 regarding the appellant's request for an extension to vacate premises. The appellant seeks four months, contrasted by the respondent's position advocating for a three-month limit. The Court adjudicates that without a substantial question of law, the appellant is granted three months for compliance. Ultimately, the appeal is dismissed with the appellant ordered to vacate by 08.05.2026.

Table of Content
1. court’s order on vacate request (Para 1 , 2)
2. opposing arguments on time extension (Para 3)

EASWARAN S., J --------------------------------------------

R.S.A No.336 of 2023 --------------------------------------------

Dated this the 9th day of February, 2026 JUDGMENT Read order dated 13.06.2023.

2. This Court had issued notice only on the issue as to the extent of time the appellant can be granted for vacating the premises.

3. Today when the matter is taken into consideration, learned counsel for the appellant submits that four months time may be granted, which is opposed by the learned counsel for the respondent and submits that three months can be granted to the appellant to vacate the premises. In such circumstances, this appeal is dismissed finding that no substantial question of law arises for consideration. However, the appellant is granted three months time from today for vacating the plaint schedule property. The appellant shall surrender the keys of the building to the respondent/plaintiff on or before 08.05.2026. It is made clear that if the appellant fails to surrender the building as directed above, the respondent will be free to execute the decree and in such event the executing court shall execute the decree forthwith without any further notice to the judgment debtor/appellant. The arrears of rent, if any, shall be paid by the appellant within a period of six weeks from today.

Sd/-

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