SASIDHARAN NAIR Vs. KUNJU MOHAMMED UNNI

JUDGEMENT

(1.) After hearing the learned senior counsel appearing on behalf of the appellant and the respondents on the question of condoning delay of 973 days, we are of the view that in such circumstances of the case the application for condonation must be allowed subject to payment of costs of Rs.20,000.00(Twenty thousand) within a period of two weeks from today by depositing it in the Execution Court. It will be open to the respondents to withdraw the same on deposit being made.

(2.) Leave granted.

(3.) Notice was issued in this case limited to the quantum of interest ordered by the High Court. The matter arises from a suit for specific performance. The appellant is the defendant in the suit for specific performance. The Trial Court decreed the suit. The High Court interfered with the judgment and refused to grant specific relief. However, it ordered the payment of sum of Rs.30,00,000.00 (Rupees Thirty Lakhs) which was received. The High Court ordered as follows :-