SADANANDA BHAT Vs. MANIKYA VADIYAR

JUDGEMENT

(1.) C.R.P. 1144 of 2001 is filed against an Order condoning the delay in filing an application to set aside an ex parte decree. C.R.P. 1148 of 2001 is filed against the Order setting aside the ex parte decree.

(2.) The suit was for specific performance of an agreement to sell. The agreement was dated 17th Nov. 1995. The agreement was between the Petitioner and the Respondent who was the 1st Defendant in the suit. The agreement was in respect of the half share belonging to the 1st Defendant in the plaint schedule property which was subject-matter of partition in O.S. No. 98 of 1956 of the Sub Court, Ernakulam. Suit was filed on 9th April 1999. The interim application in the suit was posted to 20th May 1999. Defendants entered appearance on that day. It was adjourned to 17th July 1999 for written statement. Thereafter, it was adjourned to 6th Sept. 1999 and to 8th Sept. 1999 for written statement "finally". Again for written statement it was posted finally to 15th Oct. 1999. On 15th Oct. 1999, the Counsel for Defendants 2 to 7 reported no instructions. They were set ex parte and it was posted for Plaintiff's evidence on 23rd Oct. 1999. On 23rd Oct., 1999, the Respondent filed I.A. 1984 of 1999 seeking three months time for written statement. That was closed stating that the suit is posted to 15th Nov. 1999 and if the first Defendant wanted to file written statement he could file it before that date with a petition to accept the same. On 15th Nov. 1999 the case was adjourned to 26th Nov. 1999 and then to 16th Dec. 1999. On that day, first Defendant was also set ex parte. Plaintiff was examined and Exts. A-1 to A-4 were marked and the case was posted to 17th Dec. 1999 for hearing. It was beard on 17th Dec. 1999 and decreed on 22nd Dec. 1999.

(3.) On 14th Feb. 2000, I.A. 200 of 2000 was filed to get the sale deed executed. On 23rd Feb. 2000 a draft sale deed was produced. On 28th May 2000 the court directed the filing of the original sale deed. It was produced on 3rd April 2000 and the document was registered on 6th April 2000 from the Mattancherry Sub Registry through court. The case was posted for symbolic delivery on 16th Aug. 2000 as what was sold was only an undivided half right.