IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8596 of 2007(W)
1. ABDUL GAFOOR, AGED 41 YEARS,
... Petitioner
2. SUMIMOL, W/O. ABDUL GAFOOR,
Vs
1. K.T.VARGHESE, AGED 52 YEARS,
... Respondent
For Petitioner :SRI.C.VALSALAN
For Respondent :SRI.BECHU KURIAN THOMAS
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/08/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C).No. 8596 OF 2007 W
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Dated this the 16th August, 2007.
JUDGMENT
This writ petition is filed challenging the one line
order in I.A.2927/06 in O.S.44/05. The plaintiff was given
a decree for specific performance and he was directed to
deposit the amount before 31.3.2006. It is averred in the
petition that he got the decree only in April 2006 and
requested the defendant to clear the encumbrance, take
measurement of the property etc. and thereafter file an
application to that effect before the executing court. He
was advised that amount has to be deposited and therefore
he has deposited the amount with delay. The other side
would contend that it is only a deliberate attempt and he
has not complied with the terms of the decree and therefore
time cannot be extended. It is very clear from the conduct
of the plaintiff that he has taken steps to get the
implementation of the decree in a rightful manner and it is
true that there is some laches on his part in depositing
the amount. The time lapse is not that much, which must
make the court not to use its discretion in granting
extension of time. Therefore the order passed by the court
below is confirmed. But before final disposal of the
matter the court should consider that for the delay in
WPC 8596/07 2
depositing the amount whether the plaintiff has to pay
interest to the other side which the other side would have
been entitled in law. Writ petition is disposed of
accordingly.
M.N.KRISHNAN
Judge
jj