K.R. Prakash, Arun K. Prakash and Shijo K. Prakash vs K.P. Wlson Kudiyirickal House, Machiplavu, Adimali Idukki District Pin-685 561 and Others

Surendra Mohan, J.—Advocate Sri. Augustine Joseph appears for the first respondent. Adv. Sri. T.R. Rajan appears for respondents 2 and 3. Adv. Sri. T.A. George appears for the 4th respondent. The Government Pleader appears for the 5th respondent. This writ appeal is filed against an interim order passed by the learned Single Judge in I.A. No. 5672/2012 in W.P.(C) No. 31023/2011. As per the interim order, the learned Single Judge has modified the earlier interim order and subjected the same to a condition that the petitioners remit an amount of Rs. 25 Lakhs within two weeks therefrom to the 4th respondent. The petitioners are aggrieved by the said modification. According to the petitioners, they are suffering from a lot of financial difficulties and they are not able to raise the amount that has W.A. No. 856 /2012 2 been directed to be deposited. The consequence would be that the writ petition itself would become infructuous with the confirmation of the sale in favour of the first respondent. The learned counsel for the petitioners, therefore, requests for a hearing of the writ petition itself on an early date. In the alternative, he seeks some reduction in the amount that has been directed to be deposited and some further time to deposit the same.

We are not satisfied that the interim order calls for any interference in appeal. However, considering the financial difficulties pleaded by the petitioners, we are of opinion that the petitioners can be directed to pay a lesser amount, so as to give them a further chance to stave off the coercive proceedings initiated against them by the respondents.

In the above view of the matter, this writ appeal is disposed of directing that the interim order granted in the writ petition shall continue subject to the condition that the petitioners pay an amount of Rs. 10 Lakhs within a period of ten days from today. Post the writ petition for hearing on 23/5/2012. It is made clear that if the amount, as directed above, is not paid in time, the interim order shall cease to operate.