IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 OP(C).NO. 446 OF 2010(O) ------------------------------------ AGAINST THE ORDER IN EA.468/08, EP.137/07 IN LAR.30/1993 OF ADDL.SUB COURT,KOTTAYAM .................... PETITIONER: -------------------- ROSAMMA JOSE,POTTAMKULAM HOUSE, KANJIRAPPALLY, KOTTAYAM., BY ADV. SRI.ALEX.M.SCARIA SRI.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM-636002 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM-695 001. 3. THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM-695 001. BY GOVERNMENT PLEADER SHRI B.JAYASURYA THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) NO.446 of 2010 ==================================== Dated this the 26th day of October, 2010 J U D G M E N T Property belonging to the predecessor-in-interest of petitioner was acquired by the State Government and on a request for reference learned Additional Sub Judge took the matter on file as LAR No.30 of 1993 and award was passed which the State challenged in appeal. Appeal was allowed on 20.8.2004 and case was remitted to the reference court. There was fresh award passed on 31.12.2005 which has become final. Original decree holder filed E.P. No.137 of 2007. In the meantime he died and thereon petitioner and her children were impleaded as additional decree holders. According to the petitioner more than Rs.40,00,000/- lakhs is due as on 23.05.2007 and notice under Order XXI Rule 22 was served on respondent, it has taken sufficient time to file objection but failed to file any objection. Thereon executing court ordered steps. Accordingly petitioner has filed E.A. No.468 of 2008 to attach vehicles belonging to the Revenue Department. Grievance of petitioner is that in spite of there being 16 adjournments there was no deposit and the case was posted on 28.06.2010 as last chance for deposit. Still there O.P(C) No.446 of 2010 -: 2 :- was no deposit. E.A. No.468 of 2008 is being adjourned indefinitely. Learned counsel for petitioner seeks a direction to the learned Sub Judge for early disposal of the application. 2. I have heard learned counsel for petitioner and learned Government Pleader. 3. It is seen that substantial amount is due to petitioner and others. The execution proceeding has not progressed much. Having regard to the grievance of petitioner I direct the executing court to pass appropriate orders on E.A. No.468 of 2008 if respondent does not deposit the amount within a reasonable time and after compliance with relevant Rules of the Civil Rules of Practice regarding attachment of property. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv