IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 27862 of 2009(O) -------------------------- OS.29/2008 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONERS/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 DISTRICT. 2. K.M.ABDUL KAREEM, S/O.K.M.MOHAMMED HAJI, MADATHIL HOUSE, NELLIKKAPARAMB P.O., MUKKAM VIA., AREACODE, KOZHIKODE DISTRICT-673602. BY ADV. SRI.K.ANAND RESPONDENT: PLAINTIFF: ------------------------- SAINLABDEEN, S/O.JAMAL MUHAMMED, SABEL MANZIL, CHULLIMANOOR, ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27862 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th October, 2009 JUDGMENT The Writ Petition is filed seeking the following relief: “To call for the records leading upto Exhibit P4 and set aside the same.” 2. Petitioners are the defendants in O.S.No.29 of 2008 on the file of the Principal Sub Court, Trivandrum. Suit is one for specific performance, and respondent is the plaintiff. Suit was decreed directing the plaintiff to deposit the balance sale price due within the period fixed and on such deposit execution of the sale deed by the defendants. In default of the defendants to execute the sale deed, the plaintiff was given liberty to move the court for getting conveyance of the sale deed through court. The decree provided for execution of the sale deed by the defendants within two weeks from the date of the decree on receiving the balance sale price and in default, after such deposit of balance price, plaintiff was given 15 days time to move the court for getting the conveyance deed executed through court. Plaintiff applied for extension of time to tender the deposit seeking an extension of three months time, but, the court granted only a period W.P.C.No.27862/09 - 2 - of one month, and thereafter, another extension was granted vide P4 order for a period of two months. That period expires on 26.10.2009. At this stage, the defendants have file this Writ Petition challenging P4 order passed by the trial court granting extension of two months time for the deposit. 3. Notice given, the respondent/plaintiff has entered appearance. 4. I heard the counsel on both sides. The only apprehension expressed by the learned counsel for the respondent/plaintiff is that the sale price due for executing the conveyance deed is nearly Rs.15 crores and that sum once brought from outside to India, in the normal course, without much difficulty, cannot be taken back. For the specific performance of executing the sale deed, the amount has to be brought in to India and, if any obstruction or hindrance or delay in execution of the sale deed is caused by the defendants despite the decree being passed in favour of the plaintiff, it is the submission of the learned counsel, that would cause the plaintiff severe hardship and irreparable injury. Learned counsel appearing for the petitioners/defendants submitted that there is no merit in the apprehension expressed by the plaintiff, and once the amount is W.P.C.No.27862/09 - 3 - deposited in court, the sale deed will be executed within three days. The learned counsel further submitted that the deposit of such amount should be made before the time fixed by the court, i.e., 26.10.2009. Learned counsel for the respondent/plaintiff is satisfied with the submission made by the counsel on the opposite side. Submissions made as above are recorded and as no further orders are necessary in the Writ Petition, it is closed. srd S.S. SATHEESACHANDRAN, JUDGE