Kerala High Court
Pushpasree vs K.V. Hamsa on 10 November, 2008
Author: K.P.Balachandran
Bench: K.P.Balachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30136 of 2008(K)
1. PUSHPASREE, AGED 42,
... Petitioner
Vs
1. K.V. HAMSA, S/O. PULIKKAL M.A.KUTTY
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.K.RAMACHANDRAN
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :10/11/2008
O R D E R
K.P. Balachandran, J.
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W.P.(C)No.30136 of 2008
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JUDGMENT
Counsel for the respondent/plaintiff submits that the suit was filed for specific performance of an agreement to sell the scheduled property in favour of the respondent/plaintiff with an alternative prayer for return of the advance amount of Rupees Ten lakhs with damages of Rupees Ten lakhs as also interest from the date of agreement, which in all works out to Rupees Twenty one lakhs and odd and including the cost of the suit, the total monetary claim would come to about Rupees Thirty lakhs. Obviously, therefore, the order to furnish security for Rs.1,77,00,000/- is unwarranted. Further, if at all specific performance of the agreement is to be had, that will be in relation to the scheduled property and any transfer of that property pending the suit will be hit by lispendens. Hence, in modification of Exhibit P6 order, I order that the petitioner/defendant need produce security for an amount of Rs.30 lakhs only.
The writ petition is allowed to the above extent. 10th November, 2008 (K.P.Balachandran, Judge) tkv