IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 25301 of 2008(K) ----------------------------------- PETITIONER : ---------------- MOHAMMED YACOOB, AGED 56 YEARS, S/O. JACOB THOMAS, AKKARAKADUPPIL HOUSE, THOTTAKKAD P.O., KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.FEROS KHAN RESPONDENTS : ------------------- 1. MOHAMMED ISMAIL, S/O. JACOB THOMAS, AKKARAKADUPPIL HOUSE, POOPALLY P.O., MALA, TRISSUR. 2. TAHSILDAR, CHANGANACHERRY. 3. VILLAGE OFFICER, THOTTAKKAD. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.25301 of 2008 -------------------------- Dated this the 22nd September, 2008 J U D G M E N T Petitioner entered into an agreement for sale with the 1st respondent for purchase of the property belonging to the first respondent and apparently possession of the property was handed over to him. According to the petitioner, since the 1st respondent did not execute sale deed after having received the sale consideration, he instituted O.S No.436 of 2004 before the Sub Court Kottayam for specific performance. Petitioner submits that the suit has been decreed by the Sub Court. But it was later realized that there is a mistake in the survey number of the plaint schedule property and that therefore this ought to be corrected. Exhibit-P1 application in this regard was filed before the Village Officer who opined that since the property was the subject matter of a suit for specific performance before the Sub Court, Kottayam, it is only appropriate that petitioner obtains orders in this W.P ( C) No.25301 of 2008 2 regard from the Sub Court, Kottayam. In my view the stand taken by the Village Officer is correct. If the petitioner files an application for correction of survey number of the property in the decree/judgment and in the plaint, the same shall be dealt with by the Sub Court, Kottayam without any delay. Subject to the above, the writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.25301 of 2008 3 W.P ( C) No.25301 of 2008 4