IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 OP(C).No. 1060 of 2010(O) ------------------------- OS.259/2010 of II ADDL.SUB COURT,KOZHIKODE .................... PETITIONERS/DEFENDANTS 2 TO 8 ------------------------------ 1. CHOLAPURATH DR.MOHANAN, S/O.CHOLAPURATH KORU, LAKSHMI NIVAS, PAROPPADI, CHEVAYOUR AMSOM DESOM,KOZHIKODE 2. CHOLAPURATH ASOKAN, S/O.CHOLAPURATH KORU LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE 3. CHOLAPURATH DR.GOKULAN S/O.CHOLPURATH KORU LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE 4. COLAPURATH SHYLAJA RAGOPAL, D/O.CHOLAPURATH KORU LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE 5. CHOLAPURATH VANAJA HARIDAS, D/O.CHOLAPURATH KORU, LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE 6. CHOLAPURATH RAVEENDRAN, S/O.CHOLAPURATH KORU LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE 7. CHOLAPURATH GIRIJA YASODHARAN, D/O.CHOLAPURATH KORU, LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE BY ADV. SRI.C.P.MOHAMMED NIAS OP(C) NO.1060/2010 2 RESPONDENT(S)/DEFENDANT 1 & PLAINTIFFS: --------------- 1. CHOLAPURATH PRABHAKARAN, S/O.CHOLAPURATH KORU, LAKSHIMI NIVAS, PAROPPADI,CHEVAYUR AMSOM DESOM, KOZHIKODE673017. 2. NEDUMPRATH BASHEER, S/O.POCKER HAJI, VELLUR AMSOM, CHALAPPRAM DESOM VATAKARA TAULK, KOHZIKODE 673002. 3. KINARULLA PARAMBATH IBRAHIM HAJI, S/O.KUNHABDULLA HAJI, MOKERI AMSOM, VATAKARA TALUK-673516. 4. KINARULLA PARAMBATH AMMED, S/O.KUNHABDULLA HAJI, MOKERI AMSOM VATAKARA TALUK-673516 REP BY POA, KINARULLA PARAMBATH IBRAHIM HAJI, S/O.KUNHABDULLA HAJI 5. CHERYA MALOL AMMED,S/O.MOOSA,. PONMERI AMSOM, PARAMBIL DESOM VATAKARA TALUK, KOZHIKODE-573541. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1060 of 2010 -------------------------------------- Dated this the 9th day of December, 2010. JUDGMENT Defendant Nos.2 to 8 in O.S.No.259 of 2005 of the court of learned Additional Sub Judge-II, Kozhikode are the petitioners before me. Prayer in this petition filed under Article 227 of the Constitution is to issue a direction to the learned Sub Judge to issue cheques to the petitioners for the proportionate amount due to them from the amount in deposit as prayed for in Exts.P2 to P8, applications. Or, alternatively for a direction to the learned Sub Judge to dispose of the said applications within a time frame. 2. Respondent Nos.2 to 5 obtained a decree for specific performance of an agreement for sale. The decree directed execution of sale deed in two phases, first in respect of the 15 cents on the western side and second in respect of the remaining. According to the petitioners, the sale consideration payable in respect of the sale deed executed at second phase is now in deposit with the court of learned Sub Judge and petitioners are entitled to get their proportionate share for which Exts.P2 to P8, applications are filed but the same are pending. 3. I do not think it necessary or proper to order issue of cheques as prayed for. That is a matter which learned Sub Judge has to decide initially. But, the applications cannot wait for long for, it involves loss of interest and other OP(C) No.1060/2010 2 benefits the parties who are otherwise entitled to get the amount. Hence learned Sub Judge is directed to dispose of Exts.P2 to P8, applications if those applications are otherwise in order, as early as possible giving it top priority. Petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks