IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 21773 of 2009(O) ------------------------------------- OS.236/2007 of IST ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): ------------------------- SATISH C.DUTT, S/O. V.S.GOVINDAL DUTT, AGED 52 YEARS, RESIDING AT POONAINDU, ZILLA COURT WARD, ALLEPPEY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER INDU C.DUTT, RESIDING AT POONAINDU, ZILLA COURT WARD, ALLEPPEY. BY ADVS.MR.R.MANOJ MR.P.RAVEENDRAN PILLAI RESPONDENT(S): ------------------------- 1. J.VILASINI AMMA, W/O.LATE SIVASANKARA PILLAI, 9L,COTTON HILL HEIGHTS, VASHUTHACAUD, THIRUVANANTHAPURAM. 2. DR.S.P.SASIDHARAN, S/O.LATE SIVASANKARA PILLAI, NO.46, LEE CRESCENT, EDGBASTON, BIRMINGHAM, B15 2 BJ, UNITED KINGDOM. 3. S.THULASIDHARAN, S/O.LATE SIVASANKARA PILLAI 5B,COTTON HILL HEIGHTS, VASHUTHACAUD, THIRUVANANTHAPURAM. 4. S.GANGADHARAN, S/O.LATE SIVASANKARA PILLAI, 8E GREEN WOOD COURT, DISCOVERY BAY, LANTAU ISLAND, HONG KONG. 5. S.SREEDHARAN, S/O.LATE SIVASANKARA PILLAI, D3, PARAKRAUTI, NO.41,1ST MAIN ROAD, GANDHI NAGAR, ADAYAR, CHENNAI. R1 – 3, 5 BY ADVS. MR.P.R.VENKETESH, MR.P.R.RAJA . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21773/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. NO.236/07 ON THE FILES OF THE SIT ADL. SUBORDINATE JUDGES COURT, TRIVANDRUM. P2:- COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT SIN OS. 236/07 BEFORE THE SIT ADDL. SUBORDINATE JUDGES COURT, THIRUVANANTHAPURAM. P3:- COPY OF THE IA. NO.4378/09 IN EXT.P1 PLAINT. P4:- COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PLAINTIFF. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.21773 of 2009 - O --------------------------------- Dated this the 17th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To direct the I Additional Subordinate Judges Court, Thiruvananthapuram to extend the time for payment of balance court fees in O.S.No.236 of 2007 till the expiry of 15 days from the disposal of Ext.P3 I.A.” 2. Petitioner is the plaintiff in O.S.No.236 of 2007 on the file of the I Additional Sub Court, Thiruvananthapuram. Suit is one for specific performance of an agreement for sale and the respondents are the defendants. Defendants resisted the suit claim filing a written statement, and pursuant thereto the plaintiffs moved an application for raising an additional issue whether there was part performance of the contract. On the basis of the issue settled previously, the court directed the plaintiff to pay the balance court fee payable on the suit claim. Plaintiff applied for extention of time. Court granted time up to 5.8.2009. Since the petition filed for rasing additional issue was not considered and raising a grievance that the time provided for payment of balance court fee was not sufficient, the petitioner had filed this writ petition seeking the W.P.(C).No.21773 of 2009 - O 2 aforementioned relief invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. Having regard tot he submissions made and taking note of the facts and circumstances presented, I find no impropriety or illegality in the order passed by the court below in fixing the time limit for payment of the court fee. But all the same, I find that one more opportunity can be extended to the plaintiff to pay the balance court fee within the time extended, so that the plaintiff can get a decision in the suit on merits. Learned counsel for the petitioner submits that the balance court fee due on the suit claim will be paid on or before 30.9.2009. It is ordered that the time granted by the court for payment of balance court fee shall stand extended up to 30.9.2009. Subject to the above direction, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-