V.K. BALASUBRAMANIAN (DEAD) BY LRS. Vs. C. SUMATHI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4546 of 2017, Judgment Date: Mar 24, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4546 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 22222 OF 2015 ]


V.K. BALASUBRAMANIAN (DEAD) BY LRS.                             Appellant(s)


                                VERSUS

C. SUMATHI                                                     Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The appellants are before this Court, aggrieved by  the  order  passed
by the High Court, condoning the delay on the condition of  payment  of  Rs.
20,000/- by way of costs.
3.    The learned counsel for the appellants  submits  that  it  is  only  a
dilatory tactics adopted by the respondent herein and  that  the  respondent
was within full knowledge of all the developments and  hence,  there  in  no
justification on the  part  of  the  High  Court  in  condoning  the  delay.
Though, we find some force in the submission made by  the  learned  counsel,
yet, having regard to the fact that this is a  case  of  suit  for  specific
performance, we are reluctant to interfere with the  impugned  order  passed
by the High Court.

4.    However, we impose a  further  costs  of  Rs.20,000/-  (Rupees  Twenty
Thousand) on the respondent.  The appeal  is,  hence,  disposed  of  with  a
direction to the respondent to  pay  an  additional  amount  of  Rs.20,000/-
(Rupees Twenty Thousand) (Rs.40,000/- in total) to the  appellants,  by  way
of Demand Draft drawn in the name of Appellant No.  1,  within  three  weeks
from today.
5.    It is made clear that in case  the  costs,  as  above,  are  not  paid
within the stipulated time, the order passed by the High Court  shall  stand
set aside.

6.    We also direct the III Additional  Subordinate  Judge,  Coimbatore  to
try and dispose of O.S.No. 287 of 2000 expeditiously.
      Pending interlocutory applications, if any, stand disposed of.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 24, 2017.