IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 24112 of 2009(O) ---------------------------------------- O.S. NO.29/2008 OF THE PRINCIPAL SUBORDINATE COURT, THIRUVANANTHAPURAM. ..... PETITIONER(S): PLAINTIFF ------------------------ SAINULABDEEN, S/O. JAMAL MUHAMMED, SABEEL MANZIL, CHULLIMANOOR, ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY MR.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE BY ADVS. MR.THOMAS ABRAHAM MR.DIPU MR.K.S.HARIDAS RESPONDENT(S): DEFENDANTS ------------------------- 1. O.M.ABDUL RASHEED, S/O. ABDUL HAMEED, MANAGING DIRECTOR, HOTEL SAMANA TOWER, MANJERI, MALAPPURAM, RESIDING AT OTTAKATHU MANGARATHODY, HOUSE NO.29/444, ARUKIYA DESOM, MANJERI VILLAGE, ERANAD TALUK, MALAPPURAM DIST. 2. K.M.ABDUL KAREEM, S/O. MUHAMMADAJI, MANAGING DIRECTOR, HOTEL CITY (PVT.)LTD., KATTAYATTUMADAM, HOUSE NO.IX/325, NELLIKKAPARAMBU, KAKKAD, KOZHIKODE DISTRICT. BY ADV. MR.C.KHALID THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.24112 OF 2009 -------------------------- Dated this the 24th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records relating to Ext.P1 to P3 from the Principal Sub Judge's Court, Thiruvananthapuram and order that the time for deposit of balance sale consideration in terms of the judgment in O.S No. 29 of 2008 will stand extended by two months from 28/08/2009. ii) Allow Ext.P2 application as prayed for. W.P.(C).No.24112 OF 2009 Page numbers iii) Direct that the Principal Sub Judge's Court, Thiruvananthapuram will take up Ext.P3 application and hear Ext.P2 application on a date prior to 28/08/2009. iv) Grant the petitioner such other appropriate interim reliefs that this Hon'ble Court may deem fit to grant on the facts and circumstances of the case. 2. Petitioner is the decree holder in O.S No.29 of 2008 on the file of the Principal Sub Court, Thiruvananthapuram. Suit was one for specific performance of an agreement of sale, and the respondents are the defendants. Suit was decreed. The decree directed the defendants to execute the sale deed receiving the balance sale price within a period of two weeks. The decree was passed on 29/06/2009. Since the defendants did not come forward to execute the sale, the plaintiff moved Ext.P1 application seeking time for W.P.(C).No.24112 OF 2009 Page numbers depositing the balance sale price, which amounted to Rs.14,65,47,530/-, by three months. The court below granted one month time from 29/07/2009, and the case was posted to 31/08/2009. Plaintiff thereafter filed Ext.P2 application on 14/08/2009 seeking further extension of time by two months. That application was also posted by the court for enquiry on 31/08/2009. Plaintiff moved another application, Ext.P3 to advance the hearing of Ext.P2 application. Ext.P3 application was not taken up for enquiry. Petitioner has therefore approached this court seeking issue of orders / directions to the court below for consideration of Ext.P3 application invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. Notice being given, the respondents have entered appearance. I heard the counsel on both sides. I find the date fixed for hearing of Ext.P2 application by the court on 31/08/2009 falls W.P.(C).No.24112 OF 2009 Page numbers during the Onam vacation, when the court is having no sitting. Having regard to the facts and circumstances presented, and submissions made by the counsel, I find consideration of Ext.P2 application emergently is essential to safeguard the ends of justice. The balance sale price to be deposited by the decree holder is found to be substantial. The learned counsel for the petitioner submits that the decree holder has to bring in money from abroad for which some time may be required. Once a decree for specific performance has been granted, the court has to consider the request of the decree holder for time to deposit the balance sale price especially where it is found to be substantial. Time sought for by the decree holder being only a period of two months from 29/07/2009, in the given facts of the case, the court below has to apply its mind and exercise discretion taking note that a decree has been granted already. The court below is directed to consider Ext.P2 application positively on or before W.P.(C).No.24112 OF 2009 Page numbers 26/08/2009. If the court which passed the decree is not having sitting before 26/08/2009, the learned Sub Judge who is having charge over that court shall consider Ext.P2 application and pass appropriate orders. Hand over a copy of the judgment to the counsel on both sides on usual terms, and registry is directed to send a copy by fax to the court concerned. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv