Shailaja vs Ramaswamy

This original petition is filed by the judgment debtor in E.P.No.352/2011 in O.S.No.671/1993 pending on the file of Sub Court, Palakkad, seeking to set aside Ext.P14. The decree sought to be executed before the court below is one for specific performance of contract of sale.

It is submitted by the learned counsel for the petitioner that change in the description of boundary as well as survey number of the suit property was pointed out before the court below and ultimately, the issue as to identity came to be challenged before this Court in W.P. (C)No.15256/2010. Consequent upon Ext.P8 judgment in the said writ petition, a commission was taken out to locate the boundary and a report was filed.

It is further submitted that the petitioner filed objection to the commission report which was not taken notice of by the court below and consequently, the matter again came up before this Court which culminated in rendition of Ext.P11 judgment dated 21.11.2018. This Court directed the court below to decide the issue after considering the objection raised by the judgment debtor.

The grievance expressed by the petitioner is to the effect that even after Ext.P11 judgment passed by this Court, the petitioner was not given sufficient opportunity and Ext.P14 order was passed without application of mind. It is submitted that the certified copy of Ext.P14 order is yet to be delivered.

I heard the learned counsel for the respondent as well.

Looking at Ext.P14 order, I do not find that the court below passed a considered order. The objections raised by the petitioner were not specifically dealt with therein.

The learned counsel for the petitioner submitted that the court below may be directed to take up the issue as to identity of property in accordance with law and decide the matter afresh after giving parties sufficient opportunity.

The learned counsel for the respondent insisted that a time frame may be fixed so that the matter may not be further delayed at all.

After hearing the submissions made on behalf of the parties, I am of the opinion that Ext.P14 order has to be set aside and the court below is to be called upon to decide the issue on hand considering the objections raised by the petitioner in Ext.P12 after hearing parties and in accordance with law.

In the result, original petition is disposed of in the above terms. It is directed that the court below shall put in all sincere efforts to dispose of the execution petition on or before 25.05.2021.

All pending interlocutory applications will stand closed.