IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 22724 of 2010(M) -------------------------- PETITIONER(S): --------------------- P.K.VIJAYAN PILLAI, S/O.R.KESAVAN PILLAI, AGED 55 YEARS, SWATHY, ULIYAKOVIL P.O., KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): ------------------------ 1. STATE BANK OF TRAVANCORE, REP. BY ITS BRANCH MANAGER, THRIKKADAVOOR BRANCH, KOLLAM-691001. 2. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, THRIKKADAVOOR BRANCH, KOLLAM-691001. 3. HARSHA KUMAR KURIES PVT. LTD., KUMAR BUILDING, EZHUKONE, KOLLAM DISTRICT-691505. REP. BY ITS CHAIRMAN 4. K.HARSHAKUMAR, CHAIRMAN, HARSHA KUMAR KURIES PVT. LTD., EZHUKONE, KOLLAM DISTRICT-691505. 5. PUNYA H. KUMAR, PRATHIBHA, MADAPPALLY, MUKUNDAPURAM P.O., CHAVARA, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-691585. SRI.R.S.KALKURA, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 22724 OF 2010 (M) ===================== Dated this the 30th day of August, 2010 J U D G M E N T Petitioner is the Decree holder in OS No.354/05 on the file of Additional Sub Court, Kollam. According to the petitioner, he had also obtained an attachment of the plaint schedule property pending the suit, and that, while so, the respondent Bank, to which the property was mortgaged, filed IA No.293/08. It is stated that, on the said IA, Ext.P1 order was passed by the Civil Court lifting the attachment and permitting the Bank to proceed with the sale. It is also stated that there is a further direction to disburse to the petitioner amount, if any, available in surplus. The grievance of the petitioner is that despite the above, the Bank did not take any action for sale of the property. It is stated that although the petitioner moved Ext.P2 representation, there has not been any action on the part of the Bank. It is in these circumstances, the writ petition has been filed praying for a direction to require the Bank to expeditiously dispose of the property mentioned in Ext.P1 order. WPC No. 22724/10 :2 : 2. However, the stand taken by the Bank is that though what the petitioner contends is factually correct, there were 70 attachments over the property in question. It is stated that out of the 70 attachments, only 25 have been lifted so far, and that, the Bank is taking steps for getting the remaining attachments also lifted. It is stated that, it is because of the above that the Bank is not in a position to dispose of the property. 3. In view of the attachments that are surviving even as of now, this Court will not be justified in requiring the Bank to proceed with the sale of the property in the manner as directed in Ext.P1. All that is possible is that the Bank shall take steps for getting the remaining attachments also lifted and thereafter proceed to dispose of the property. This the Bank shall do expeditiously. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp