RAJESH Vs. SHIBU

JUDGEMENT

(1.) The petitioner herein is the defendant in Exhibit-P1 Original Suit O.S.No.119 of 2015 on the file of the Munsiff-Magistrate Court, Pattambi. The said suit filed at the instance of the respondent herein (plaintiff) is the one seeking specific performance of an agreement for sale said to have been entered between the parties. The grievance of the petitioner is that now the trial court has taken the stand as reflected in the impugned Exhibit-P4 order dated 3.8.2017, that in the facts and circumstances of this case, it is for the defendant in the suit to begin the evidence. According to the petitioner/defendant, the reasonings given by the trial court as reflected in the impugned Exhibit-P4 order dated 3.8.2017 are fully overlooking the ambit and scope of Order XVIII Rule 1 of the C.P.C. It is in the light of these aspects that the petitioner has filed the instant Original Petition (Civil) seeking the invocation of this Court's visitorial jurisdiction of superintendence conferred under Article 227 of the Constitution of India with the following prayers :

(2.) Heard Sri.Ravi K.Pariyarath, learned counsel appearing for the petitioner/defendant and Sri.Santheep Ankarath, learned counsel appearing for the respondent/plaintiff.

(3.) The respondent/plaintiff seeks specific performance pertaining to the agreement for sale which has been produced as document No.1 dated 1.1.2015 along with Exhibit-P1 plaint. It is stated to be an agreement executed between the parties on 31.12.2014 and registered as document No.3 of 2015 before the SRO, Pattambi, and the date of registration is shown as 1.1.2015. The impugned order at Exhibit-P4 dated 8.2017 reads as follows :