Babu Kesavan v. E.Prakasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 O.P.(C).No. 2457 of 2015 (O) -------------------------------------- AGAINST E.P. No.245/2015 IN O.S. No.297/2010 ON THE FILE OF SUB-COURT, KOZHIKODE PETITIONER(S):
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1. BABU KESAVAN, AGED 41 YEARS, S/O. KESAVAN, "SOUPARNIKA", MYTHRI ROAD, PANNIYANKARA, KOZHIKODE.
2. P. THANKAM, W/O. BABU KESAVAN, "SOUPARNIKA", MYTHRI ROAD, PANNIYANKARA, KOZHIKODE.
BY ADV. SRI. P.V.GEORGE(PUTHIYIDAM) RESPONDENT:
--------------------- E. PRAKASAN, AGED 52 YEARS, S/O. GOVINDAN, "DEVIKRIPA", KAKKODIYIL, KIZHAKKUMMURI DESOM, PADINJATTUMURI AMSOM, KOZHIKODE TALUK.
BY ADV. SRI. SRINATH GIRISH THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2457 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
COPY OF THE E.P. No.245/2015 IN O.S. No.297/2010 ON THE FILE OF IST ADDITIONAL SUB COURT, KOZHIKODE.
RESPONDENT(S)' EXHIBITS - NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE ww
K. ABRAHAM MATHEW, J.
-------------------------------------------------- O.P.(C). No. 2457 of 2015 ---------------------------------------------- Dated this the 3rd day of November, 2015
JUDGMENT
Petitioners are the Judgment Debtors in O.S. No.297/2010. The decree is for specific performance of an agreement for sale.
2.
In execution of the decree in E.P. No.245/2015, the property is sought to be delivered to the respondent decree holder. The petitioner has filed this original petition expressing his readiness to pay back the entire amount he received towards the sale consideration with interest and costs of the respondent in the suit. 3.
Heard.
4.
The respondent is not ready to accept the money offered by the petitioners. This Court is helpless in the matter. There is no ground to deny the respondent his right to get delivery of the property.
In the result, this original petition is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE ww/04/11/2015