Kerala High Court
Balachandran vs Sunil Kumar on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
OP(C).No.986 OF 2020
OS 503/2013 DATED 10-06-2013 OF SUB COURT, IRINJALAKUDA
PETITIONER/DEFENDANT:
BALACHANDRAN
AGED 55 YEARS
S/O. CHEMBANEZHATHU ARAVINDAKSHAN MENON,
ANJUPALAM DESOM, METHALA P O,
THRISSUR DISTRICT-680669.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/PLAINTIFF:
SUNIL KUMAR
AGED 38 YEARS
S/O. KUTTIPARAMBIL SADANANDHAN, ERIYAD VILLAGE,
ERIYAD P O, THRISSUR DISTRICT-680666.
BY ADV. SRI.P.K.SAJEEVAN
BY ADV. SHRI.RADHAKRISHNAN B.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.986 of 2020
:-2-:
Dated this the 5th day of February, 2021
J U D G M E N T
Petitioner is the sole defendant in
O.S.No.503/2013 before the Sub Court,
Irinjalakkuda. He seeks in this proceeding a
direction to be issued by the court below to
dispose of Exts.P4 to P7 applications filed by him
and to order deferment of Ext.P8 application for
execution of sale deed.
2. Ex parte decree was passed against the
petitioner on 30.06.2014. He filed petition seeking
to set aside the ex parte decree with a petition
for condoning delay of 359 days. The delay petition
was dismissed on 05.12.2015. He sought to restore
the delay petition filed which too was later
dismissed. He made a second attempt to restore the
dismissed delay petition. In this process, some
intervening delay occurred and therefore he sought
O.P.(C)No.986 of 2020
:-3-:
to condone delay by filing a separate application.
The above four applications are still pending
consideration before the court below.
3. I heard the learned counsel for the
petitioner as well as the respondent/defendant.
4. The decree passed is one for specific
performance of contract for sale and pursuant to
the decree, the respondent filed Ext.P8 application
for execution of sale deed. This is also yet
another application pending consideration.
According to the learned counsel for the
petitioner, in the event of Ext.P8 being taken up
and disposed of before some orders are passed on
Exts.P4 to P7 applications, he would be put to
irreparable loss and injury.
5. The learned counsel for the respondent made
forcible submission that the attempt of the
petitioner is to delay execution of sale deed by
O.P.(C)No.986 of 2020
:-4-:
adopting dilatory tactics. He also contended that
there is no sufficient cause for condoning delay
and none of the applications is legally sustainable
also.
6. The learned counsel for the petitioner
submitted that his party is ready to adduce
evidence and will co-operate with the court below
for expeditious disposal of Exts.P4 to P7
applications.
7. After hearing both sides, I am of the
opinion that the petitioner shall be given an
opportunity to adduce evidence in support of his
contentions. But this opportunity may not be
availed for protracting the proceedings at all.
In the result, this original petition is
allowed calling upon the court below to dispose of
Exts.P4 to P7 applications within a period of three
weeks from the date of receipt of certified copy of
O.P.(C)No.986 of 2020
:-5-:
this judgment. The court below shall hold Ext.P8
application for a period of three weeks till
Exts.P4 to P7 applications are decided. If the
court below finds that the petitioner adopts any
delaying tactics, it will be at liberty to proceed
with Ext.P8 application in accordance with law.
All pending interlocutory applications are
closed.
Sd/-
T.V.ANILKUMAR
JUDGE
ami/
O.P.(C)No.986 of 2020
:-6-:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS
NO.503/2013 DATED 10.062013 ON THE FILE
OF THE SUB COURT, IRINJALAKUDA.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION FILED AS
IA NO.2466 OF 2015 DATED 23.06.2015 IN
EXT P1
EXHIBIT P3 A TRUE COPY OF THE APPLICATION FILED AS
IA NO. 3638 OF 2015 FILED IN EXT-P1
DATED 10.12.2015
EXHIBIT P4 A TRUE COPY OF THE APPLICATION FILED AS
IA NO.2624 OF 2019 DATED 30.09.2019 IN
EXT-P3 APPLICATION.
EXHIBIT P5 A TRUE COPY OF IA NO.2625 OF 2019 DATED
30.09.2019 IN EXT-P3 APPLICATION.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION FILED AS
IA NO. 2627 OF 2019 IN EXT-P2 DATED
30.09.2019
EXHIBIT P7 A TRUE COPY OF THE APPLICATION FILED AS
IA NO. 2626 OF 2019 IN EXT-P2 DATED
30.09.2019.
EXHIBIT P8 A TRUE COPY OF THE APPLICATION FILED AS
IA NO.2546 OF 2014 DATED 14.08.2014 IN
EXT P1 SUIT.
