Mathew Varghese vs. Krishnan (Died) Through Lrs

ITEM NO.1 <pre>Court 1 (Video Conferencing) SECTION XI-A</pre>

SUPREME COURT OF I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No.10109/2020

(Arising out of impugned final judgment and order dated 03-12-2019 in SA No. 944/2000 passed by the High Court of Kerala at Ernakulam)

MATHEW VARGHESE

Petitioner(s)

VERSUS

KRISHNAN (DIED) THROUGH LRS

(FOR ADMISSION and I.R. and IA No.32383/2021-CONDONATION OF DELAY IN FILING SLP, IA No.36184/2021-APPLICATION FOR SUBSTITUTION and IA No.32387/2021-EXEMPTION FROM FILING O.T.)

Date: 16-07-2021 This petition was called on for hearing today.

$CORAM :$

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s)

Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakot, Adv. Mrs. Ashly Harshad, Adv. Mr. Muhammed Siddick, Adv.

For Respondent( $s$ )

UPON hearing the counsel the Court made the following ORDER

The Court is convened through Video Conferencing.

Heard learned Advocate-on-Record appearing for the petitioner.

Delay condoned.

Taking into consideration the averments $\verb+made+$ $\verb"in"$ the $\overline{\mathbf{a}}$ plication for substitution to bring on record the legal representatives of the deceased petitioner, the said application is allowed.

$Respondent(s)$

Let the cause title be amended accordingly.

After perusing the material available on record, we see no reason to interfere with the impugned order passed by the High Court of Kerala at Ernakulam dismissing the second appeal filed by the petitioner – herein seeking specific performance of contract.

The Special Leave Petition is, accordingly, dismissed.

Pending application filed in the matter also stands disposed of.

(VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH)