IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No.30136 of 2008(K) ---------------------------------- OS.260/2007 of I ADDL.SUB COURT, THRISSUR .................... PETITIONER --------------- PUSHPASREE, AGED 42, D/O. KALYANIKUTTYAMMA, PUTHAMBALLI DESOM, IRINGAPRAM AMSOM, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: --------------- K.V. HAMSA, S/O. PULIKKAL M.A.KUTTY @ KUNJIMON, VADAKKEKAD AMSOM, DESOM, CHAVAKKAD TALUK. ADV. SRI.K.RAMACHANDRAN FOR R1 SRI.S.SREEDEV FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. ----------------------- W.P.(C)No.30136 of 2008 ----------------------- JUDGMENT Counsel for the respondent/plaintiff submits that the suit was filed for specific performance of an agreement to sell the scheduled property in favour of the respondent/plaintiff with an alternative prayer for return of the advance amount of Rupees Ten lakhs with damages of Rupees Ten lakhs as also interest from the date of agreement, which in all works out to Rupees Twenty one lakhs and odd and including the cost of the suit, the total monetary claim would come to about Rupees Thirty lakhs. Obviously, therefore, the order to furnish security for Rs.1,77,00,000/- is unwarranted. Further, if at all specific performance of the agreement is to be had, that will be in relation to the scheduled property and any transfer of that property pending the suit will be hit by lispendens. Hence, in modification of Exhibit P6 order, I order that the petitioner/defendant need produce security for an amount of Rs.30 lakhs only. The writ petition is allowed to the above extent. 10th November, 2008 (K.P.Balachandran, Judge) tkv