ORDER

Dated this the 28th day of March, 2022 The petitioner is the plaintiff in O.S.No.711 of 2009 on the files of the Principal Sub Court, Ernakulam. The suit is filed praying for a decree of specific performance of the agreement for sale dated 02.03.2009, whereunder the second respondent, agreed to sell plaint schedule property having an extent of 3.555 cents, comprised in Sy.No.176/6A and 6B of Edappally South Village, to the petitioner for Rs.7,00,000/-. It was averred in the plaint that, out of the sale price of Rs.7,00,000/-, an amount of Rs.5,00,000/- was paid on the date of agreement. The petitioner was ready and willing to pay the balance sale price and demanded execution of the sale deed, but the second respondent did not accede to the demand. The suit was decreed ex-parte on 24.11.2011.

Thereafter, the petitioner filed an interlocutory application for getting the property executed in his name through court. The application was allowed and the property was registered in the petitioner's name vide document No.1679 of 2016 of SRO, Kochi. Thereupon, the petitioner filed application for getting delivery of the property and accordingly, the property was delivered to him on 30.0