SHYLAJA Vs. VIJAYAN

JUDGEMENT

(1.) The facts of this case present a very afflictive and upsetting situation. The genesis of this litigation, has, in its core, certain issues between the mother and a son, which have now assumed proportions that are extremely distressing. I do not propose to go into the details of the facts of this case in extenso because I do not deem it necessary since any such exercise would only ensure that the wounds are not allowed to heal and remain festering.

(2.) The facts compendiously, as are sufficing to enable me to dispose of this case, are that on account of certain issues between the mother and the son, who are the petitioner and the first respondent herein, a suit was filed by the son and his wife claiming an amount of Rs.5,89,500.00. It appears that while the suit was pending, a settlement was arrived at as per which the mother agreed to make payment of an amount of Rupees five lakhs in a particular manner. She alleges that she has made substantial part of the payment but that she has refused to pay the balance amount because a reciprocal obligation on the part of the son and daughter-in-law has not been performed. However, while so, the property of the mother was attached in execution and subjected to sale, which was purchased by the son and daughter-in-law by themselves. The distraught mother obviously filed an application to set aside the sale on various grounds before the court below and the same was dismissed. It is against that order that the mother has come up in this original petition.

(3.) I have heard Sri. D. Kishore, the learned counsel for the petitioner and Smt. Sanjeetha K.A., the learned counsel appearing on behalf of the respondents.