IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 OP(C).No. 1947 of 2011(O) AGAINST THE ORDER IN IA.2054/2011 IN OS.105/1995 OF ADDITIONAL SUB COURT, KOLLAM PETITIONER: R. SARASWATHY AMMA, W/O. ADV. GOPALAKRISHNA PILLAI, AGED 58 YEARS, CHOOLOOR HOUSE, RAMANKULANGARA, KOLLAM, NOW RESIDING AT THANNIKKAL HOUSE, ADINADU VADAKKU MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: 1. FAIR COMBINES, HOTEL INDRAPRASTHA, KOTTAMUKKU, KOLLAM, PARTNERSHIP FIRM, REPRESENTED BY MANAGING PARTNER, GEORGE CHACKOLA, S/O. LASSER, CHACKOLA HOUSE,MISSION QUARTERS, CHEMBUKAVU, THRISSUR - 680 001. 2. GOERGE CHACKOLA, S/O. LASER, CHACKOLA HOUSE, MISSION QUARTERS, CHEMBUKAVU, THRISSUR-680 001. 3. JOSE, PARTNER, FAIR COMBINES, S/O. MATHEW, MANAKKATTU HOUSE, KADANATTUKARA, KADANADU, MEENCHIL TALUK- 686 589. 4. KERALA FINANCIAl CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 001. 5. SUNNY JACOB, KALATHIL HOUSE, YEROOR.P.O, CHANGANASSERI, KOTTAYAM DISTRICT-686 101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN R.F.A.NO.291 OF 2004. EXT.P2 TRUE COPY OF I.A.NO.2054 OF 2011 DATED 15.6.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1947 OF 2011 O ------------------------------------------------------ Dated this the 23rd day of June, 2011 JUDGMENT The petitioner is the first defendant in O.S.No.105 of 1995 on the file of the Additional Sub Court, Kollam. The suit is for specific performance of a contract for sale. The case was remanded by the High Court in R.F.A.No.291 of 2004. 2. The grievance of the petitioner is that the application for adjournment filed by her was dismissed by the court below. It is stated that her counsel in the court below passed away and another counsel was engaged. The case was posted to 15.6.2011. On that day, the Advocate expressed his reluctance to appear in the case. In these circumstances, the application for adjournment was filed seeking a reasonable time to engage another counsel. 3. Information was gathered from the Additional Sub Court, Kollam as to whether the case could be adjourned for a short time. O.P.(C) NO.1947 OF 2011 :: 2 :: The learned Sub Judge reported that the case can be adjourned for ten days to enable the respondents to engage a lawyer. In these circumstances, no further directions are required in the Original Petition. The Original Petition is accordingly closed. Issue certified copy of the judgment today itself. (K.T.SANKARAN) Judge ahz/