1. A petitioner sought an extension of time to vacate a premises and asked to defer civil execution proceedings regarding a decree schedule property. (Para 1 )
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2026 Supreme(Online)(Ker) 74850
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S, J
Abdul Najeem – Appellant
Versus
Shaji – Respondent
OP(C) NO. 3382 OF 2026|EP 72/2026|OS NO.481 OF 2018
Important Points
The Court may grant a reasonable extension for vacating a decree property, subject to the payment of use and occupation charges, particularly where the party has exceeded time limits set in a mediation settlement.
Subject
Civil Law - Execution Proceedings
Headnote
(A) Execution Proceedings - Extension of time to vacate - Court may grant a reasonable period for vacating decree schedule property upon payment of use and occupation charges when the party has exceeded the stipulated time in a mediation settlement. (Para 4, 5)
(B) Use and Occupation Charges - Determination - Where a party overstays the agreed period, the court may fix occupation charges based on existing rental payments and the duration of the overstay. (Para 5)
Issues: Whether the petitioners are entitled to an extension of time to vacate the decree schedule property and if such extension should be subject to payment of occupation charges.
(B) Use and Occupation Charges - Determination - Where a party overstays the agreed period, the court may fix occupation charges based on existing rental payments and the duration of the overstay. (Para 5)
Issues: Whether the petitioners are entitled to an extension of time to vacate the decree schedule property and if such extension should be subject to payment of occupation charges.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Sri.Binu George, Smt.Hemalatha
For the Respondents: Shri.Anand Mahadevan
For the Appellants/Petitioners: Sri.Binu George, Smt.Hemalatha
For the Respondents: Shri.Anand Mahadevan
Table of Contents
2. The petitioner requested additional time for eviction, while the respondent decree holders held that the time stipulated in the mediation settlement had already been exceeded. (Para 2 , 3 , 5 )
3. The court observed that since the petitioners exceeded the time stipulated, they must pay enhanced use and occupation charges as a condition for granting additional time to vacate. (Para 4 , 5 )
4. Courts may grant additional time for delivery of possession of decreed property on condition of paying enhanced use and occupation charges where time limits were previously exceeded. (Para 4 , 5 )
5. Can a court grant additional time to vacate a property after the execution of a decree has been initiated?
Yes, the court has the discretion to grant a reasonable extension of time for vacating a decree schedule property, provided there is a justification and appropriate conditions regarding payment of use and occupation charges are imposed. (Para 4 , 5 )
EASWARAN S., J.
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O.P.(C).No.3382 OF 2026 --------------------------------------------------------- Dated this the 13th day of November, 2026
JUDGMENT
The original petition is filed for the following reliefs:
i) To allow the OP(Civil) by extending the time fixed for vacating the petition scheduled building as per Ext. P1 agreement, for a further period of eight months;
ii) To issue any order or direction to defer the execution proceedings in EP. No.72/2026 in OS.No.481/2018 of Munsi Court, Kottarakkara for a period of eight months;
iii) To issue any other order or direction as this Hon’ble Court deem fit and proper in the facts and circumstances of the case;
iv) To dispense with filing of the translation of vernacular documents.
2. When the matter came up for admission, after hearing the petitioner, this Court felt that there was no legal basis for the petitioners’ claim. Therefore, on the limited question of granting time for vacating the decree schedule property, notice was issued.
On completion of service, respondents have appeared.
3. Heard both sides.
4. Considering the submissions raised across the Bar, this Court finds that a reasonable period of three months from the date of receipt of the copy of the judgment can be granted for vacating the decree schedule property. However, the petitioners will have to pay use and occupation charges, since the petitioners have exceeded the time well above the period stipulated in the mediation settlement.
5. It is agreed by both sides that, at present, the petitioners are paying Rs.17,000/- per month as rent. Hence the use and occupation charges is fixed as Rs.34,000/- in view of the long overstay by the petitioners and that the decree holders also have no objection in this Court granting reasonable time to the petitioners to vacate the premises.
Accordingly, the original petition is disposed of as follows:
i. The further proceedings in E.P.No.72/2026 in O.S.No.481/2018 on the file of Munsiff Court, Kottarakkara stands deferred for three months from the date of receipt of the copy of the judgment.
ii. The petitioners shall file an affidavit undertaking to vacate the decree schedule property on expiry of three months months from 19.11.2026, i.e.19.02.2027. The affidavit in this regard shall be filed within one week from today.
iii. On expiry of the said period, the petitioners shall hand over the vacant possession of the property to the decree holders directly. On failure to do so, the executing court shall proceed with the execution and deliver the property to the decree holders without any further notice.
