IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 15288 of 2008(T) -------------------------- AGAINST THE ORDER IN IA 709/2008 IN OS.73/2008 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: ------------ A.RAMAKRISHNAN, S/O.APPUKUTTAN, RESIDING AT THALAPOLIPARAMBU VEETTIL, EZHAKKAD P.O., PALAKKAD TALUK. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ------------- 1. P.K.RAJAN. 2. P.V.ABDUL KHADER 3. P.R.PRASAD ALL ARE RESIDING AT CHENGANNIYUR ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.RAMACHANDRAN.E FOR R2 & 3 SMT.P.K.RADHIKA FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.15288 OF 2008 =========================== Dated this the 11th day of June, 2008 JUDGMENT Learned senior counsel appearing for petitioner submitted that respondents did not produce the anterior documents of title, encumbrance certificate and the tax receipt before the trial court and from the title deeds now produced, they are not satisfied and therefore with these materials, it is not possible for them to insist for execution of a sale deed. 2. Learned counsel appearing for respondents submitted that they are prepared to produce the documents before the trial court,if so far not produced. In the light of the submission made and on perusing Ext.P2 order, it is clear that Ext.P2 order is not sustainable. The suit is for specific performance of the agreement for sale. According to petitioner, he is ready and willing to perform his part of the contract. According to W.P.(C015288/2008 2 respondents, they are prepared to execute the sale deed. In such circumstance, petitioner is not bound to deposit the balance consideration due without getting satisfied on the title deeds. In such circumstance, Ext.P2 order is quashed. Learned Munsiff is directed to pass appropriate order afresh in I.A.709/2008, if necessary. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006