IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 OP(C).No. 2952 of 2011(O) ------------------------- AGAINST THE ORDER IN E.P.93/2008 IN OS.122/2007 of SUB COURT, SULTHAN BATHERY .................... PETITIONER: ------------------------------ M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., HAVING ITS REGISTERED OFFICE AT 123, ANGAPPA NAICKEN STREET, CHENNAI, REP. BY POWER OF ATTORNEY HOLDER SRI.VENUGOPALAN.P.T, LEGAL CONSULTANT, M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., SREEPADAM BUILDING, CHEROOTY ROAD, CALICUT. BY ADV. SRI.RAJESH NAMBIAR RESPONDENTS: --------------- 1. SREEDHARAN, S/O.SHANMUGHAM NADAR, PROPRIETOR, DOUBLE YES TRADERS, MERCHANTS AND COMMISSION AGENTS, PARASSALA, THIRUVANANTHAPURAM- 2. NAVAS.C.K, MANAGING PARTNER, KARNATAKA SUGAR AGENCIES, V.K.C. COMPLEX, MAIN ROAD, KALPETTA POST, KALPETTA AMSOM DESOM, VYTHIRI TALUK-670006 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2952 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE E.P.93/2008 IN OS.122/07 FILED BEFORE THE COURT OF SUB JUDGE, SULTHAN BATHERY. EXHIBIT P2- TRUE COPY OF THE LOAN AGREEMENT EXECUTED IN RESPECT OF THE VEHICLE BEARING REG.NO.KL-12C/1067. EXHIBIT P3- TRUE COPY OF THE ARBITRATION AWARD DATED 18.2.2008 IN O.P.4/07. EXHIBIT P4- TRUE COPY OF THE E.A.22/09 IN E.P.93/08 FILED BEFORE THE SUB COURT, SULTHAN BATHERY. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No. 2952 of 2011 --------------------------------------- Dated this 06th day of September, 2011 JUDGMENT Petitioner has filed Ext.P4, claim petition (E.A.No.22 of 2009) over the vehicle which was attached in execution of the decree and produced before learned Sub Judge. First respondent obtained a decree for recovery of money against the second respondent in O.S.No.122 of 2007 of the Court of learned Sub Judge, Neyyattinkara. The decree certificate was transmitted to the Court of learned Sub Judge, Sulthan Bathery for execution where the first respondent has initiated execution proceeding. In the course of proceeding, the vehicle was attached. Petitioner who claims to be the financier of that vehicle filed Ext.P4, application claiming right over the vehicle and requesting to lift the attachment. Learned counsel submitted that the said application was filed on 15.01.2009 but, so far it has not been disposed of. It is also submitted that the vehicle is remaining idle in the premises of the Court and getting rusted and damaged. 2. Having regard to the circumstances stated above, it is only appropriate that learned Sub Judge disposed of Ext.P4, application as early as possible. O.P(C).No.2952 of 2011 -: 2 :- Resultantly this original petition is disposed of as follows: Learned Sub Judge, Sulthan Bathery is directed to dispose of Ext.P4, application (E.P.No.22 of 2009) in O.S.No.122 of 2007 of Sub Court, Neyyattinkara being executed before the learned Sub Judge as expeditiously as possible having regard to the fact that the said application is filed on 15.01.2009 and that the vehicle is remaining idle, getting damaged and lost. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-