IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3197 of 2011(O) ------------------------- OS.189/2007 of PRINCIPAL SUB COURT,KOTTAYAM .................... PETITIONER: --------------------- INDIRA BHAI AMMA @ INDIRA JAYAKUMAR, AGED 50, W/O.JAYAKUMAR, KUZHAPPIL HOUSE, KULASEKHARAPURAM KARA, KADUTHURUTHY VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH). RESPONDENT(S): ---------------------------- 1. ANTONY KURIAN, S/O.KURIAKOSE, KURICHYAPARAMBIL, KADUTHURUTHY KARA, KADUTHURUTHY VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT-686 141. 2. THE CATHOLIC SYRIAN BANK LTD., KADATHURUTHY BRANCH, KADUTHURUTHY, REP. BY THE BRANCH MANAGER, PIN-686 141. R2 BY ADVS. SRI.C.A.JOY, SRI.SANJAY THAMPI. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3197/2011 O APPENDIX PETITIONER'S ANNEXURES: EXT.P1 A TRUE COPY OF THE PLAINT IN OS NO.189/07 DATED 29/5/07 ON THE FILE OF THE SUB COURT,KOTTAYAM. EXT.P2 A TRUE COPY OF THE JUDGMENT IN WPC NO.14516/09 DATED 26/8/09 ON THE FILE OF THIS HON'BLE COURT. EXT.P3 A TRUE COPY OF THE ORDER PASSED IN IA NO.1315/2010 AND 1316/2010 IN OS 189/07 DATED 10/8/2010 ON THE FILE OF THE SUB COURT,KOTTAYAM. EXT.P4: COPY OF THE PAPER PUBLICATION ISSUED IN MALAYALA MANORAMA DAILY DTD. 1/10/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3197 of 2011 ==================================== Dated this the 25th day of October, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.189 of 2007 of the court of learned Principal Sub Judge, Kottayam. That is a suit for specific performance of an agreement for sale executed between petitioner and the first respondent on 02.07.1996 stipulating a period of three months for execution of the sale deed. It would appear that thereafter time for performance of the agreement was being extended and in the year, 2007 petitioner filed the suit for specific performance as above stated. The plaint was rejected on 06.02.2010 for non-payment of balance court fee. Petitioner filed application to review the order with application to condone delay of 73 days in filing that application. Those applications were dismissed as per Ext.P3, order. Even when application for review was filed after 73 days the balance court fee was not remitted. 2. I must also refer to the material facts which are relevant for consideration. Property involved was mortgaged to the second respondent. Second respondent filed O.S. No.182 of 1996 against the first respondent for recovery of money by sale of mortgaged property and obtained a decree. That decree was O.P(C) No.3197 of 2011 -: 2 :- executed and property was sold in auction and purchased by the first respondent. Learned counsel for first respondent submitted that pursuant to that purchase, property was delivered to the first respondent in the year 1996. It is thereafter, in 2007 that petitioner thought of enforcing the agreement he allegedly had with the first respondent. It is interesting to note that the agreement was executed on 02.07.1996 and in spite of fixing three months as the time for performance of the contract, time was being extended (may be time was not treated as essence of the contract) and it is in the year 2007, i.e., almost after 11 years of alleged execution of the agreement that petitioner thought of enforcing the agreement, and that too, after the second respondent filed O.S. No.182 of 1996, obtained a decree for realization of money, by sale of the property, brought up the property for sale in court auction, purchased it and the property was delivered to the first respondent. Along with that I must bear in mind that even the application for review was filed after 73 days the balance court fee was not paid. In the circumstances I do not find reason to interfere with the impugned order. Original petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv