Ibrahimkutti V.K vs Kerala Finance Corporation
2021 Latest Caselaw 18611 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      OP(C) NO. 117 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OS 149/2019 OF II ADDITIONAL SUB
               COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER-PETITIONER IN I.A./PLAINTIFF IN O.S:

          IBRAHIMKUTTI V.K.
          AGED 47 YEARS
          S/O KUNJAPPA,
          RESIDING AT VALIYAVILA VEEDU,
          KANJUVAYAL, BHARATHIPURAM P.O.,
          KOLLAM DISTRICT, PIN-691312.

          BY ADVS.


          P.B.KRISHNAN
          SRI.P.B.SUBRAMANYAN
          SRI.SABU GEORGE
          SRI.MANU VYASAN PETER



RESPONDENTS-RESPONDENTS IN I.A./DEFENDANTS IN O.S:

    1     KERALA FINANCE CORPORATION
          VELLAYAMBALAM BRANCH, REPRESENTED BY ITS CHIEF MANAGER,
          SAJITHA G. NATH, VELLAYAMBALAM,
          THIRUVANANTHAPURAM-695033.

    2     INDUSIND BANK
          KESAVADASAPURAM BRANCH, REPRESENTED BY ITS MANAGER,
          KESAVADASAPURAM,
          THIRUVANANTHAPURAM-695004.

    3     ANIL KUMAR A
          AGED 52 YEARS
          S/O APPUKUTTAN NAIR, PROPRIETOR,
          GAGO CONVENTION CENTRE,
          BHAGAVATHI VILASATHU VEEDU,
          ALTHARAMOODU, KADAKKAL P O,
          KOLLAM-691536.
 OP(C) NO. 117 OF 2021
                                      2

             BY ADVS.


             SRI.BASANT BALAJI
             SRI.G.RAJEEV
             SMT.LEKSHMI RAMAKRISHNAN
             SHRI.MUHAMMAD JASHEEN J.
             SHRI.REJITH RAJENDRAN
             SMT.BINCY JOB
             SHRI.AJITH KUMAR.S


     THIS     OP   (CIVIL)      HAVING    COME   UP    FOR    ADMISSION   ON
08.09.2021,     THE     COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 117 OF 2021
                                  3

                             JUDGMENT

The petitioner is the plaintiff in a suit for recovery of money.

He seeks expeditious disposal of the suit in view of the quantum of

money involved. In the report called for by this Court, the learned

Sub Judge has stated that the defendants in the suit have filed a

counter claim seeking the relief of specific performance of an

agreement of sale dated 19.06.2019 and also for a declaration that

another agreement for sale dated 19.06.2019 is void ab initio. The

learned Sub Judge has also stated that it will be possible to dispose

the suit within six months from 01.09.2021. Learned counsel for

respondents submitted that interlocutory applications filed by the

defendants are pending consideration, which may not be prejudiced

by direction to expedite the disposal of the suit. Learned counsel for

the petitioner pointed that all interlocutory applications filed by the

defendants are posted for hearing to 13.09.2021.

Having heard the learned counsel and having considered the

report, the Original Petition is disposed of directing the learned Sub OP(C) NO. 117 OF 2021

Judge to pass orders on all pending interlocutory applications within

a period of one month and to dispose the suit within five months

thereafter.

Sd/-

V.G.ARUN JUDGE scs OP(C) NO. 117 OF 2021

APPENDIX OF OP(C) 117/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AGREEMENT FOR SALE DATED 19/06/2019.

EXHIBIT P2 TRUE COPY OF THE SALE DEED EXECUTED BY RESPONDENT NO.3, DATED 16/07/2019.

EXHIBIT P3 TRUE COPY OF THE UNDATED APPLICATION FOR TRANSFER OF REGISTRY AND THE COPY OF THE SALE DEED APPENDED TO IT SIGNED BY RESPONDENT NO.3.

EXHIBIT P4 TRUE COPY OF THE "SAMMATHAPATHRAM" DATED 16/07/2019 EXECUTED BY RESPONDENT NO.3.

EXHIBIT P5 TRUE COPY OF FORM NO.I UNDER THE KERALA STAMP (PREVENTION OF UNDER VALUATION) RULES 1968, DATED 16/07/2019 SIGNED BY RESPONDENT NO.3.

EXHIBIT P6 TRUE COPY OF THE PLAINT IN OS NO 149 OF 2019 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM, DATED 25/07/2019.

EXHIBIT P7 TRUE COPY OF IA NO.1599 OF 2019 IN OS NO.149 OF 2019 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM, DATED 25/07/2019.

EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 28/09/2019, OF DEFENDANT NO.1.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 06.11.2019 IN IA NO. 1599 OF 2019 IN OS NO.149 OF 2019 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM.

EXHIBIT P10 TRUE COPY OF THE COMMON ORDER DATED 01.10.2020 IN IA NO.2296 OF 2019 AND IA NO. 2396 OF 2019 IN OS NO.149 OF 2019 ON THE FILE OF THE SUB COURT, OP(C) NO. 117 OF 2021

THIRUVANANTHAPURAM.

EXHIBIT P11 TRUE COPY OF IA NO. 4 OF 2020 IN OS NO.149 OF 2019 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF THE LETTER, DATED 12.11.2020, ISSUED FROM SOUTH INDIAN BANK, YEROOR.

EXHIBIT P13 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY THE PETITIONER, DATED 02.12.2020.

EXHIBIT P14 A TRUE COPY OF THE OBJECTION DATED 16.12.2020 FILED BY THE 3RD RESPONDENT THE OBJECTION DATED 16.12.2020 FILED BY THE 3RD RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE WRITTEN SUBMISSIONS FILED BY THE PETITIONER.

EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 18/12/2020 IN IA NO. 4 OF 2019 IN OS NO.149 OF 2019 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM.