George vs a.Sathi

George vs A.Sathi

Type Court Judgment Court Kerala Decided Oct 26, 2021

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https://sooperkanoon.com/case/1590801

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Citation: sooperkanoon.com/1590801
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Oct 26, 2021
Case Number: AS/833/1996

Parties & Advocates

Appellant / Petitioner

George

Respondent

A.Sathi

Excerpt

.....poonithura village, west of chaithanya homeo dispensary, mukkoottil road, pin- 682 317 (died) 9 suseela amma, aged about 58, d/o.parvathy amma, nellikkappillil poonithura desom, poonithura village mukkottil road, pin 682317. addl.r10 chinnamony s.menon, alias chinnamany amma, w/o.late sudhakara menon alias kuttan menon, nellikkappillil themberil house, north fort gate tripunithura, pin 682301.thiruvananthapuram additional respondent 10 is impleaded vide order dated addl.r11 usha, d/o.late sulochana amma, residing at lavanya, 12 syama,d/o.late sulochana amma, residing at lavanya, additional respondent nos.11 and 12 are impleaded as the legal heir of the deceased 8th respondent videorder dated 24/09/2021 in ia6/17 (ia.166/2017)by adv.sri.c. chandrasekhara menon - r1 to r4 this appeal suits having come up for hearing on 26.10.2021, the court on the same day delivered the following: as no. 833 of 1996 3judgmentrelief of specific performance was rejected by decreeing the suit in part ordering refund of the advance amount, against which the aggrieved plaintiff came up in appeal. the readiness and willingness alleged in the plaint is found to be conditional demanding settlement of the boundary dispute on the northern side of the property before the execution of the sale deed. the readiness and willingness depends on the condition of settlement of boundary disputes, hence cannot be considered as an unconditional one. it would dis-entitle the relief of specific performance. the appeal fails, dismissed. no costs. sd/- p.somarajan judge msp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 26TH DAY OF OCTOBER 2021 / 4TH KARTHIKA, 1943 AS NO. 833 OF 1996 AGAINST THE JUDGMENT AND DECREE DATED 29/11/1995 IN OS 748/1991 OF PRINCIPAL SUB COURT,ERNAKULAM APPELLANT/PLAINTIFF: 1 GEORGE, AGED 67, S/O. LONAN, PULICKAL HOUSE, POONITHIRA DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK. (DIED ) ADDL.A2 JOHN JOSEPH, AGED 53, S/O.GEORGE , PULICKAL HOUSE, POONITHURA DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK BY ADV. SRI.S.ANANTHASUBRAMANIAN-A1 A2 BY ADVS.SRI.BOBY MATHEW SRI.S.SHYAM RESPONDENT/S: 1 A.SATHI, AGED ABOUT 33, D/O. SUDHAKARA MENON ALIAS FORT GATE, THRIPPUNITHURA -682 301. PRESENT ADDRESS A.SATHY, C/O. A.M.VENUGOPAL, STATE BANK OF INDIA, VIJAYAPUR BR. MEHASANA DISTRICT, GUJARAT 382 370
2 A.DHANYA, AGED ABOUT 31, D/O. SUDHAKARA MENON, ALIAS FORT GATE, THRIPPUNITHURA -682 301. 3 JOTHI, AGED ABOUT 29, PRESENT ADDRESS A. JYOTHI C/O. A.M.VENUGOPAL, STATE BANK OF INDIA, VIJAYAPUR BRANCH, MEHASANA DIS.GUJARAT- 382870 4 A.SUNIL MENON, AGED 27 YEARS AS NO. 833 OF 1996 2 5 N.BALAKRISHNA MENON, AGED ABOUT 77, S/O. PARVATHY AMMA, NELLICKAPPILLIL, POONITHURA DESAM, POONITHURA VILLAGE, KANAYANNUR THALUK. 6 CHENTHAMARAKSHA MENON, AGED ABOUT 71, S/O. PARVATHY AMMA, NELLICKAPPILLIL, PREETHI, NADAMA VILLAGE, KANAYANNUR THALUK.
7 DR.KOCHUNNY MENON ALIAS UNNI, AGED 60, S/O. PARVATHY AMMA, NELLICKAPPILLIL, DO---DO REPRESENTED BY POWR HOLDER CHENTHAMARAKSHA MENON, S/O PARVATHY AMMA, NELLICKAPPILLIL RESIDING AT 'PREETHI', NADAMA VILLAGE, KANAYANNUR THALUK.
*8 SULOCHANA AMMA, AGED 68, D/O. PARVATHY AMMA, NELLICKAPPILLIL, POONITHURA DESOM, POONITHURA VILLAGE, WEST OF CHAITHANYA HOMEO DISPENSARY, MUKKOOTTIL ROAD, PIN- 682 317 (DIED) 9 SUSEELA AMMA, AGED ABOUT 58, D/O.PARVATHY AMMA, NELLIKKAPPILLIL POONITHURA DESOM, POONITHURA VILLAGE MUKKOTTIL ROAD, PIN 682317. ADDL.R10 CHINNAMONY S.MENON, ALIAS CHINNAMANY AMMA, W/O.LATE SUDHAKARA MENON ALIAS KUTTAN MENON, NELLIKKAPPILLIL THEMBERIL HOUSE, NORTH FORT GATE TRIPUNITHURA, PIN 682301.THIRUVANANTHAPURAM ADDITIONAL RESPONDENT 10 IS IMPLEADED VIDE ORDER DATED ADDL.R11 USHA, D/O.LATE SULOCHANA AMMA, RESIDING AT LAVANYA, 12 SYAMA,D/O.LATE SULOCHANA AMMA, RESIDING AT LAVANYA, ADDITIONAL RESPONDENT NOS.11 AND 12 ARE IMPLEADED AS THE LEGAL HEIR OF THE DECEASED 8TH RESPONDENT VIDE

ORDER DATED 24/09/2021 IN IA6/17 (IA.166/2017)

BY ADV.SRI.C. CHANDRASEKHARA MENON - R1 to R4 THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 26.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS NO. 833 OF 1996 3

JUDGMENT

Relief of specific performance was rejected by decreeing the suit in part ordering refund of the advance amount, against which the aggrieved plaintiff came up in appeal. The readiness and willingness alleged in the plaint is found to be conditional demanding settlement of the boundary dispute on the northern side of the property before the execution of the sale deed. The readiness and willingness depends on the condition of settlement of boundary disputes, hence cannot be considered as an unconditional one. It would dis-entitle the relief of specific performance. The appeal fails, dismissed. No costs. Sd/- P.SOMARAJAN JUDGE msp

Same Court & Year Kerala · 2021 Same Parties George vs A.Sathi Same Judge Honourable Mr. Justice P.Somarajan