SUNITHA Vs. SATHYABHAMA

JUDGEMENT

(1.) The original petition is filed to direct the Court of the Munsiff, Chalakkudy to keep in abeyance all further proceedings in E.P.No.354/2020 in O.S.No.5/2022 by a further period of three months from 17/10/2022.

(2.) The facts leading to the original petition, in a nutshell, are: the petitioner had filed the suit against the respondents for cancellation of a document and injunction. The dispute between the parties was settled in mediation as per Ext.P1 memorandum of agreement pursuant to which the suit was decreed. As per the conditions in Ext.P1, the petitioner is to pay the 1st respondent an amount of Rs.14,75,000.00 within five months from 19/1/2022, failing which she has to vacate the premises on 22/5/2022. The petitioner failed to comply with the conditions in Ext.P1 agreement. The respondents laid the decree to execution. An Amin has been deputed to take delivery of the property. The petitioner has a son, who is mentally retarded. The petitioner needs three more months time to vacate the premises. Even though a request was made before the court below, the same was not entertained. The petitioner does not propose to challenge Ext.P1. Her limited relief is to grant her a breathing time to vacate the premises. Hence, the original petition.

(3.) Heard; Sri.Sadchith P.Kurup, the learned counsel appearing for the petitioner and Sri.Ajith Viswanathan, the learned counsel appearing for the respondents.