IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3507 of 2009(P) ------------------------------------------ OS.1022/2008 of II ADDL.SUB COURT, ERNAKULAM .................... PETITIONER: JOLLY, S/O. KOTTOOR PAILY, AGED 61, KOTTOOR HOUSE, NORTH FORT GATE, TRIPUNITHURA. BY ADV. SRI.K.C.CHARLES RESPONDENT: G.P.JOSEKUTTAN, S/O.GEORGE, AGED 49, 9B LINK HEIGHTS, PANAMPILLY NAGAR, ELAMKULAM VILLAGE, KANAYANNUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.3507 of 2009 P -------------------------- JUDGMENT Petitioner is the first defendant in O.S.No. 1022/08 on the file of the Additional Sub Court, Ernakulam, which is a suit for specific performance of an agreement to sell the scheduled property in favour of the respondent/plaintiff alleged to have been executed by the defendants. According to the counsel for the petitioner, petitioner is having very serious contentions to be filed by way of written statement in defence; that the suit stood posted for written statement after his appearance on 11.12.2008 to 8.1.2009; that on 8.1.2009, he requested for extension of time to file written statement, but the court below rejected the request recording in the order sheet that there is no application for enlargement of time; that without mentioning the order at Bench the case was being adjourned to 28.1.2009 for payment of balance court fee and for plaintiff's evidence; that the WPC 3507/09 2 petitioner filed I.A.No.399/09 for enlargement of time to file written statement up to 3.3.2009, as he was to collect certain vital informations to file the written statement, but that the said application (Exhibit P2) was dismissed by the court below without even posting the said application at Bench on 21.1.2009 and that he came to know of the rejection of Exhibit P2 application only when his counsel represented the matter on 28.1.2009, when the case was taken up on that day. 2. Having heard the submissions of the counsel for the petitioner and as he submits that a petition has been filed in the court below for leave to peruse the suit agreement and on that petition no order has been passed yet, I grant the petitioner three weeks time to file written statement in the court below. The court below shall pass appropriate orders granting leave to the petitioner to peruse the agreement if at all any such petition is filed. Written statement shall be WPC 3507/09 3 filed with a petition to accept the same, inasmuch as it is submitted that the petitioner has not been set ex parte. If the written statement is so filed within three weeks with a petition to accept the same, the court below shall accept the same and proceed according to law. The suit shall not be disposed of before the expiry of three weeks from today. Petitioner is directed to produce a copy of this judgment in the court below forthwith so as to enable the court below to abide by the directions aforesaid, but with notice to the counsel for the respondent as this writ petition is being disposed of without notice to him. This writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 3rd February, 2009 (K.P.Balachandran, Judge) tkv