IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH SEPTEMBER 2007 / 23RD BHADRA 1929 WP(C).No. 26184 of 2007(P) -------------------------- AGAINST THE ORDER DATED 17/08/2007 IN IA 2652/2007 IN OS.134/2007 of PRL.S.C.,THALASSERY .................... PETITIONERS: ------------ 1. MOHAMMED NOUSHAD,S/O ABDULLA HAJI, HANNA HOUSE, MUZHUTHADOM, KANNUR. 2. C.C.ASHARAF, S/O ABDUL REHIMAN, MOOPAN PARA,MANNA,VALAPARRANAM,KANNUR DISTRICT. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENT: ------------- VALSAMMA GEORGE, W/O GEORGE JOSEPH,RESIDING AT 41/2071 H BATHEL, AISWARYA LANE,THAMMANAM,COCHIN-32. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 26184/07 Appendix Petitioners' Exts.: Ext.P1 true copy of the agreement dated 27.1.2007. Ext.P2 true copy of plaint in O.S. 134/07 on the file of Sub Court, Thalassery dated 20.6.2007. Ext.P3 true copy of written statement filed by defendant. Ext.P4 true copy of affidavit in support of the application. Ext.P5 true copy of the objection filed by the plaintiffs dated 18.7.2007. Ext.P6 true copy of the order in I.A.No.2652/2007 in O.S.134/2007 dated 17.8.2007 in Ext.P4 application. M.N.Krishnan, J. ======================== W.P(C).No.26184 of 2007 ======================== Dated this the 14th day of September, 2007. JUDGMENT This Writ Petition is filed seeking to set aside the order of the Subordinate Judge, Thalasserry in I.A.No.2652 of 2007 in O.S.No.134 of 2007. By the said order, the court directed the plaintiff to pay the balance sale consideration of Rs.76,82,000/- to get the sale deed executed. The prayer was accepted and the court further ordered that if he fails to pay the balance consideration within two weeks, the defendant has the right to sell the property to third parties. 2. Heard learned counsel for both sides. Learned counsel for the respondent submits that there may be a direction to deposit the amount within seven days. It is true that the first order has been passed on 17.8.2007. Learned counsel for the plaintiff submits before me that his client's mother is seriously laid up with cancer and she is undergoing treatment and there is WP(C)26184/07 -: 2 :- some difficulty for him to raise funds and deposit the same within a period of seven days. Considering the amount involved and also the reasons stated by the counsel for the plaintiff, I am inclined to grant time till 1st October, 2007 to deposit the amount of Rs.76,82,000/- before the court below. Thereafter, the court below can pass appropriate orders and the parties can even compromise the matter; so that the suit itself can be disposed of. Writ Petition is disposed of accordingly. M.N.Krishnan, Judge. ess 15/9