IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No.34226 of 2008 (Y) ---------------------------------- AGAINST THE ORDER IN EP.101/00 IN OS.310/1994 of SUB COURT, PALAKKAD .................... PETITIONER: --------------- THANGAVEL, W/O.N.DEVARAJAN VANNAMALA, KOZHIPATHY VILLAGE CHITTUR TALUK, PALAKKAD. BY ADV. SRI.ANTONY MATHEW RESPONDENT: ---------------- DHANTAPANI, S/O.ABDULLAH PUTHIYAVEETTIL KOZHIPATHY VILLAGE, VANNAMADA, CHITTUR TALUK, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34226 of 2008 ------------------------------------------------ Dated this the 20th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. 2. The grievance of the petitioner is that pursuant to Ext.P1 application by the auction purchaser who is the petitioner, delivery was ordered to be effected to the petitioner, but as the delivery was obstructed by the respondent/fourth judgment debtor, the petitioner had to file Ext.P2 petition for delivery with police aid but that the Principal Sub Judge, Palakkad happened to be suspended in the meanwhile and the post fell vacant and that therefore, the petitioner is unable to get any remedy and that therefore, the Additional Sub Judge, Palakkad who holds charge of the Principal Sub Judge, Palakkad be directed to hear and dispose of Exts.P1 and P2 W. P. C. No.34226 of 2008 -2- and to take all further steps to effectuate execution as per E.P.101/2000 in O.S.310/94 on the file of the Sub Court, Palakkad. 3. Having heard the submissions of the counsel for the petitioner, I am of the view that appropriate direction has to be given to the Additional Sub Judge in the matter. 4. In the result, allowing this Writ Petition, I direct the Additional Sub Judge, Palakkad who holds charge of the Principal Sub Judge, Palakkad to pass appropriate orders on Exts.P1 and P2 after hearing also such of the judgment debtors who are represented by lawyers and who is resisting the execution and also any other appropriate orders that may be required to effectuate execution as per E.P.101/2000 in O.S.310/94 on the file of the Sub Court, Palakkad as expeditiously as W. P. C. No.34226 of 2008 -3- possible. 5. This Writ Petition is disposed of as above. K.P.BALACHANDRAN, JUDGE kns/-