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K.P.Haridasan Pillai

High Court Of Kerala|23 May, 2014
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JUDGMENT / ORDER

The petitioner is the plaintiff in O.S.No.205 of 2009 on the files of the Sub Court, Attingal. He is a senior citizen who is aged 73 years old. The petitioner entered into an agreement with the respondents for sale with respect to 88 ½ cents of properties of the respondents for ₹ 1 crore 30 lakhs and paid ₹ 26 lakhs as advance amount to the respondents. Later, it was found that the properties are under attachment in some other proceedings. That apart, the respondents were not ready and willing to perform their part as per the agreement. The respondents also filed a written statement and contended that the petitioner was not ready to perform the agreement. Now, pleadings are over and the case is posted for issues. The petitioner had paid huge amount as advance. So, he has been suffering from heavy financial loss. Due to heavy pendency of the cases O.P.(C) No.463 of 2011 2 before the court, the trial will not be commenced immediately. Hence, the petitioner prayed for a direction to the court below to dispose the case within a specified time.
2. It is seen that the petitioner is a senior citizen aged 73 years. It is alleged that he had entered into an agreement for sale and he has paid Rs.26 lakhs as advance to the respondents. The suit is seen filed in the year 2011. Since, he parted with a huge amount, he requires a speedy disposal of the case. On instruction, the Registry reported that, now, the case is included in the pre-trial list and posted to 16/06/2014. In that circumstance, the learned Sub Judge is directed to dispose of the case within a period of three months, from the date of receipt of the copy of this judgment.
The Original Petition is disposed of.
Stu //True copy// P.A to Judge K.HARILAL, JUDGE.
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Title

K.P.Haridasan Pillai

Court

High Court Of Kerala

JudgmentDate
23 May, 2014
Judges
  • K Harilal
Advocates
  • Sri
  • M Dinesh