IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 2129 of 2010(O) ------------------------- IP OP.20/2000 of ADDL.SUB COURT,KOLLAM .................... PETITIONER(S): --------------- SUBASH BABU, S/O.SAHADEVAN, 'S.S.BHAVAN', NEDUNGOLAM P.O., PARAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): --------------- 1. THE OFFICIAL RECEIVER, OFFICE OF THE OFFICIAL RECEIVER CIVIL STATION, KOLLAM. 2. BENNY, S/O.PUSHAPAMITHRAN, RATHEESH MANDIRAM, ADICHANALLOOR VILLAGE, KOTTIYAM, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C ) No. 2129 of 2010 * * * * * * * * * * * * * * * * * * Dated: 02-02-2010 JUDGMENT The Writ Petitioner is the 7th respondent in I.P. (OP) No. 20 of 2000 on the file of the Addl. Sub Court, Kollam. He alleges that the Official Receiver has unauthorisedly taken possession of the petition “C” Schedule property and is obtaining the rent and other yield from the property. His prayer is that the Receiver should be directed to put the petitioner back in possession of the petition “C” schedule property and to give back the rent and other yield with interest. According to the petitioner, his application filed as I.A. No. 3713 of 2008 for a direction to put him in possession of the petition “C” schedule property has not been disposed of by the court below. Hence, this Writ Petition. 2. This Court called for a report from the Addl. Sub court where the matter is pending . It is reported by the learned Sub W.P. (C ) No. 2129 of 2010 -:2:- Judge that the I.P. (OP) was once dismissed for default on 27-7- 2007 and thereafter it has been restored to file along with I.A. 3713 of 2008 which stands posted for the petitioner's evidence. This Writ Petition is disposed of directing the court below to dispose of I.A. 3713 of 2008 expeditiously, and, at any rate within two months from the date of receipt of a copy of this judgment provided the petitioner herein co-operates with the court below. Sd/-V. RAMKUMAR, (JUDGE) ani.