The petitioner has approached this Court with the following prayers:
“i) issue a writ of mandamus or any other writ, order or direction in the nature thereof directing Respondents 2 and 3 to transfer the registry of the properties covered by Exts.P7 and P8 to the name of the purchasers after accepting the amounts stipulated in Exts.P1 to P3 from the petitioner subject to the condition that the same shall be returned if the amount is due to the petitioner after the completion of arbitration proceedings.
ii) pass such other order as this Honourable Court deems fit.”
2. Heard the learned Counsel for the petitioner as well as the learned Government Pleader .
3. During the course of hearing, it is brought to the notice of this Court that Arbitration proceedings in respect of the dispute is pending consideration before the District Court, Thiruvananthapuram, as borne by Exts.P4 to P6. The learned Counsel for the petitioner submits that the petitioner is ready to W.P.(C)No. 26804 OF 2014 2 satisfy the disputed liability covered by Exts. P1 to P3, subject to the outcome of the Arbitration Proceedings and the prayer is to have the amount refunded if the petitioner succeeds in the said proceedings.
In the above circumstance, the writ petition is disposed of with liberty to the petitioner to satisfy the amount covered by Exts.P1 to P3, which shall be subject to the outcome of the Arbitration proceedings as mentioned above. It is made clear that subject to satisfaction of the liability as above, the mutation in respect of the property shall be effected with regard to the property covered by Exts.P7 and P8 sale deeds in accordance with the relevant provisions of the Transfer of Registry Rules.
P.R.RAMACHANDRA MENON JUDGE lk