IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 CRP.No. 432 of 2009() --------------------- AGAINST THE ORDER DATED 16/07/2009 IN IA.1222/08 IN OS.193/1997 of PRL.SUB COURT,TRIVANDRUM .................... REVISION PETITIONER(S): DEFENDANT/JUDGEMENT DEBTOR: ----------------------------------------------------------------------------------------------- THANKAMONY,D/O.SARADA, RESIDING AT T.C.43/1167,PUTHUVAL PUTHEN VEEDU, MUTTATHARA,VALLAKKADAVAU P.O., THIRUVANANTHAPURAM. BY ADVS. MR.S.V.RAJAN, MR.R.SUDHISH, SMT.M.MANJU, SMT.V.P.GEETHA KUMARY, SMT.SHIBI. K.P., MR.A.N.PREMLAL. RESPONDENT(S): PLAINTIFF/DECREE HOLDER: ------------------------------------------------------------------------ SULOCHANA @ OORMILA,D/O.GOMATHI, RESIDING AT T.C.42/1028,CHITHIRA, GANDHI LANE,MUTTATHARA,VALLAKKADAVAU P.O., THIRUVANANTHAPURAM. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.432 of 2009 --------------------------------- Dated this the 4th day of August, 2009 O R D E R The revision is filed by the defendant in O.S.No.193 of 1997 on the file of the Principal Sub Court, Thiruvananthapuram against the order dated 16.7.2009 in I.A.No.1222 of 2008 in the above suit passed by the learned Principal Sub Judge. Suit is one for specific performance of an agreement of sale, and the respondent is the plaintiff. Suit was decreed. On default of the petitioner/defendant to execute the sale deed after deposit of the balance sale price in compliance with the decree, respondent moved for conveyance of the property through court. Petitioner resisted the steps taken by the plaintiff for conveyance on various grounds including the delay in depositing the balance sale price before the court and also nonissue of a notice on such deposit. The court below negatived the objections and the order thereof was challenged by the defendant filing a writ petition before this Court as W.P.(C).No.6801 of 2008. That writ petition was disposed of at the admission stage, negativing the challenge C.R.P.No.432 of 2009 2 raised by the petitioner/defendant, but, with an observation that it is open to the defendant to claim interest on the sum deposited before the court till notice was given, and, if any such claim is made, the court may consider the same, and if any amount is found due to the defendant the possibility of creating charge for such sum in the property to be conveyed also be looked into. Pursuant to disposal of that writ petition, petitioner again filed a petition to review the earlier order of the court below in the light of the observation made in the judgment of the writ petition. Learned Sub Judge after hearing both sides, declined the review sought for under the order which is challenged in the revision. 2. I heard the counsel for the petitioner. 3. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to the order impugned, I find no notice to the respondent is necessary, and it is dispensed with. 4. Perusing the impugned order, it is seen, the petitioner made an attempt to reopen all his objections which were negatived by the court below earlier, the challenge against which C.R.P.No.432 of 2009 3 were found not entertainable by this Court, while disposing the earlier writ petition preferred by the petitioner against the previous order. Whatever be the observations made by this Court while disposing the previous writ petition, the impugned order shows that the court below was not invited nor requested to have a decision on the right of the petitioner/defendant to claim interest for delayed payment. His attempt was only to reopen all the issues raised earlier for obstructing and delaying the conveyance of the property in terms of the decree to the respondent/plaintiff. There is no merit in the revision and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-