CHEEKILODE PREMALATHA Vs. K. V. ABDURAHIMAN

JUDGEMENT

(1.) The challenge in this Original Petition is to the common order dtd. 5/1/2017 passed by the Subordinate Judge's Court, Kozhikode, in I.A.Nos. 3204/2015, 4409/2015 and 1757/2016 in O.S.No.463/2004.

(2.) The petitioner is the defendant in a suit for specific performance of an agreement for sale. The respondent is the plaintiff. The trial Court decreed the suit on 31/8/2006, directing the defendant to execute the deed of conveyance on receiving the balance sale consideration. In the decree, the trial Court has also directed the plaintiff to deposit the balance sale consideration within three months from the date thereof.

(3.) The plaintiff preferred an appeal, RFA No.257/2007, before this Court challenging the trial Court's refusal to award the costs of the suit. This Court, as per judgment dtd. 16/10/2014, dismissed the appeal confirming the trial Court's judgment.