RADHAKRISHNAN S/O CHELAKKATTU SANKARANEZHUTHASSAN Vs. P GOPI EZHUTHASSAN S/O PULLANIKKATTIL CHAMI EZHUTHASSAN

JUDGEMENT

(1.) THE suit is one for specific performance of an agreement for sale dated 30.08.1998 executed by the plaintiff and the defendant. THE total sale consideration fixed was Rs. 2,50,000/-, out of which the plaintiff is alleged to have paid Rs. 2,00,000/- as advance. THE suit in O.S. 183/2001 on the file of the court of the Subordinate Judge of Ottapalam was decreed as prayed for on 13.11.2006. THE decree though exparte provided for a period of two months to enable the plaintiff to pay the balance sale consideration of Rs. 50,000/- and get the sale deed executed.

(2.) THE suit was accompanied by an application for attachment before judgment in I.A. 2072/2001. THE attachment subsisted during the pendency of the suit and was made absolute when the suit was decreed. THE first respondent herein filed another suit as O.S. No. 385/2002 on the file of the court of the Munsiff of Ottapalam for realisation of money. THE suit was decreed on 04.08.2004 and the property sold in E.P. No. 365/2004 on 04.07.2005. THE first respondent who was the decree holder himself bid the property in auction. Ext. P2 sale certificate issued to the first respondent however clarified that it is subject to the right of the plaintiff in O.S. No. 183/2001.

(3.) THE efficacy of the decree in O.S. 385/2002 filed subsequent to the suit in O.S. No. 183/2001 can be considered by the execution court even otherwise. THE impleading of the first respondent in the proceedings is not interfered by me. I clarify that I.A. No. 2116/2010 for enlargement of time shall be considered after hearing the parties to the decree in O.S. No. 183/2001. THE original petition is disposed of subject to the above clarification.