IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No.1862 of 2009(V) ------------------------------- OS.187/2007 of SUB COURT, TIRUR .................... PETITIONER: --------------- MOHAMMED ALI, AGED 36 YEARS, S/O POKKER, RESIDING AT LTTIKKA PARAMBIL, THAVANOOR AMSOM DESOM, PONNANI TALUK, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SRI.P.K.KHALEEMUDHEEN SRI.VIDYA MANUVILSAN RESPONDENTS: ----------------- 1. ABDUL KHADER, AGED 65 YEARS, S/O AVARAN HAJI, RESIDING AT VEERALI PURATHU, VADAKKUM MURI DESOM, PALLIKKAM AMSOM, PONNANI TALUK. 2. KOCHU RABIYA, AGED 52 YEARS, D/O KUNJAVARU, RESIDING AT KOTTILINGAL HOUSE, VADAKKUM MURI DESOM, PALLIKKAM AMSOM, PONNANI TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.1862 of 2009 ------------------------------------------------ Dated this the 16th day of January, 2009 JUDGMENT Heard the counsel for the petitioner. Petitioner is the plaintiff in O.S.187/07 on the file of the Sub Court, Tirur. It is submitted that the suit is one for specific performance of an agreement for sale whereunder the property was agreed to be sold for a consideration of Rs.9 lakhs and Rs.8 lakhs was advanced under the agreement and that when the suit was filed and the suit property was attached the respondent deposited the entire advance amount of Rs.8 lakhs before court and consequently, the court below raised the attachment and that despite the petitioner filing Ext.P6 petition seeking for an order of injunction restraining the respondent from transferring the scheduled property on 13/01/09 the court below has not passed any W. P. C. No.1862 of 2009 -2- order thereon and the petitioner apprehends that the property will be sold by the respondents in the meanwhile. 2. In the result, I direct the Sub Judge, Tirur to pass appropriate orders on Ext.P6 within four days of the petitioner producing a copy of this judgment before him. 3. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-