IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 OP(C).No. 1700 of 2011(O) ------------------------- EA 359/2006 IN EP 131/2001 IN OS.45/1998 OF SUB COURT,KOLLAM .................... PETITIONER : ------------------- K.N.SASI KUMAR, S/O.KUTTAN NAIR, RAJU BHAVAN, ASRAMAM, KOLLAM DISTRICT, NOW RESIDING AT SOWPARNIKA, HILL VIEW NAGAR, KANJIKKODE, PALAKKAD. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): --------------- 1. K.THAMPAN, S/O.KUNJUKRISHNAN, SARASWATHI BHAVAN, SASTHRI JUNCTION, KOLLAM DISTRICT. (DIED) 2. SURESH KUMAR, S/O.KOCHUKRISHNA PILLAI, THONDALIL, ASRAMAM WEST WARD, ASRAMAM P.O., KOLLAM DISTRICT, PIN 691 002. 3. KRISHNAN PANAMOOTTIL, S/O.THAMPAN, AGED 10 YEARS, PANAMOOTTIL VEEDU, ARADHANA NAGAR-691 073, KOLLAM, REPRESENTED BY HIS GUARDIAN K.RAJENDRAN, S/O.KUNJIKRISHNAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 1700/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE SALE DEED NO.1409 DATED 29.3.2000 OF KOLLAM SUB REGISTRY. EXT.P2: COPY OF THE TAX RECEIPT REMITTED BY THE PETITIONER FOR THE YEAR 2002-2003 ISSUED BY THE VILLAGE OFFICER, KOLLAM EAST VILLAGE DATED 29.1.2002. EXT.P3: COPY OF THE APPLICATION E.P.NO.131/2001 IN O.S.NO.45/1998 FILED BY THE PETITIONER. EXT.P4: COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. ------------------------------ O.P.(C).No.1700 of 2011 -------------------------------- Dated this the 24th day of June, 2011 JUDGMENT The petitioner, who claims that he got the property in question as per the decree in a suit for specific performance filed by him, (O.S.No.377 of 1998, Munsiff's Court, Kollam), filed E.A.No.359 of 2006 in E.P.No.131 of 2001 in O.S.No.45 of 1998 on the file of the Sub Court, Kollam praying to lift the attachment over the property. It is stated in the Original Petition that in E.A.No.359 of 2006 counter was filed, evidence was taken and final hearing was also over. However, the Execution Application is not disposed of. 2. Though the respondents were served with notice by serving notice on their counsel, there is no appearance. O.P.(C) No.1700/2011 2 In the facts and circumstances of the case, the Original Petition is disposed of directing the Sub Court, Kollam to dispose of E.A.No.359 of 2006 in E.P.No.131 of 2001 in O.S.No.45 of 1998 expeditiously. K.T.SANKARAN JUDGE csl