Rapheal vs Unnikrishnan
2021 Latest Caselaw 7649 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                      OP(C).No.567 OF 2021

    IN O.S.NO.230/2018 OF PRINCIPAL SUB COURT,THRISSUR


PETITIONER:

              RAPHEAL,
              AGED 57 YEARS,
              S/O.ATHIYUNTHAN LAZAR, ERAVU VILLAGE, ERAVU
              P.O., THRISSUR DISTRICT.

              BY ADV. SRI.V.M.KRISHNAKUMAR

RESPONDENT:

              UNNIKRISHNAN,
              S/O.VALIPPARAMBIL GOPALAN, KAZHIMBRAM DESOM,
              VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR
              DISTRICT, PIN - 680 002.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.567/2021

                                      -:2:-




                     Dated this the 4th day of March,2021

                            J U D G M E N T

Heard the learned counsel for the petitioner,

who is the decree holder in O.S.No.230/2018 on the

file of Principal Sub Judge, Thrissur. In the

nature of relief proposed to be granted in this

proceedings, I do not consider it necessary to issue notice to the respondent/judgment debtor.

Notice is dispensed with.

2. The grievance expressed by the learned

counsel for the petitioner is that, though the

decree holder submitted Ext.P3 draft sale deed for

approval of the court pursuant to the decree for

specific performance, the decision thereon is

delayed for no good reasons whatsoever. It is

pointed out that the matter is getting adjourned

for about 20 times. Since I did not have advantage

of hearing the respondent, I am not in a position

to understand the situation in which the decision

on Ext.P3 draft sale deed is getting delayed.

3. It appears that the matter being a short

issue for decision, the court below could easily

dispose of the matter before it within a fortnight O.P.(C)No.567/2021

after hearing parties. If the defendant/judgment

debtor has filed any objection to the acceptance

of draft sale deed, it may be decided by the court

below in accordance with law after hearing parties

without any further delay. If no objection is so

far filed, it would be still easier for the court

to expedite decision. In any view of the matter, I

am of the opinion that the short issue pending

before the court below shall be adjudged as early

as possible.

In the result, the original petition is

disposed of calling upon the court below to

consider Ext.P3 draft sale deed and pass necessary

orders in accordance with law within a period of

two weeks from the date of receipt of a certified

copy of this judgment.

All pending interlocutory applications will

stand closed.

Sd/-

                                      T.V.ANILKUMAR,JUDGE

DST                                                         //True copy/

                                                           P.A.To Judge
 O.P.(C)No.567/2021






                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1           TRUE COPY OF THE JUDGMENT IN

O.S.NO.230/2018 DATED 22/07/2019 OF THE COURT OF THE PRINCIPAL SUB JUDGE OF THRISSUR.

EXHIBIT P2 TRUE COPY OF THE APPLICATION IA 2941/2019 IN OS NO.230/2018 DATED 20/09/2019.

EXHIBIT P3 TRUE COPY OF THE DRAFT SALE DEED ALONG WITH THE MEMO DATED 03/10/2020 SUBMITTED BEFORE THE SUB COURT, THRISSUR.

RESPONDENTS' EXHIBITS: NIL