IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4042 of 2011(O) ------------------------- OS.147/2011 of SUB COURT, MUVATTUPUZHA .................... PETITIONER/1ST DEFENDANT ------------------------------------- MUHAMMED SAJIDH, AGED ABOUT 38 YEARS, S/O. ABDUL KHADER POOZHIYIL, P.K.HOUSE, TELLISSERY POST, KANNUR DISTRICT & NOW RESIDING AT KOVAKKATTU HOUSE, AMBATTUKARA, ALUVA WEST VILLAGE. BY ADV. SRI.SANU.S.PANICKER RESPONDENTS/PLAINTIFF/2ND DEFENDANT ----------------------------------------------------- 1. SREENIVASAN, S/O. GOPALAN, AGED 70, PULIYATHOTTATHIL, NOW RESIDING AT THE HOUSE OF VELLANKAL JAMAL, POST OFFICE STOP, VADATTUPARA KARA, KUTTANPUZHA VILLAGE, KOTHAMANGALAM-686 696. 2. RASHEEDH, S/O. SOOPI, AGED ABOUT 48 YRS, RIYASMANZIL, KATHIROOR KARA, TELLISSERI VILLAGE, TELLISSERI TALUK & NOW RESIDING AT SAVIDA BHAVAN, C/O. JANARDHANAN, KATTOKUZHI BHAGOM, PATTERIPURAM KARA, ALUVA WEST VILLAGE-680 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK OP(C).No. 4042 of 2011(O) -------------------------------- APPENDIX ------------- PETITIONER(S) EXHIBITS ---------------------------- EXT.P1 : THE TRUE COPY OF THE PLAINT NUMBERED AS OS NO.147/2011 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE SUB COURT, MUVATTUPUZHA. EXT.P2 : THE TRUE COPY OF THE INTIMATION GIVEN TO THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE. EXT.P3 : THE TRUE COPY OF THE I.A.NO.1070/2011 IN OS NO.147/2011 FILED BY THE 1ST RESPONDENT. EXT.P4 : THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN THE ABOVE IA NO.1070/2011. EXT.P5 : THE TRUE COPY OF THE ADVANCE PETITION FILED BY THE PETITIONER BEFORE THE SUB COURT, MUVATTUPUZHA. EXTP.6: ORIGINAL PHOTOGRAPH OF THE VEHICLE RESPONDENTS' EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4042 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT Petitioner is the 1st defendant in O.S.No.147 of 2011 of the court of learned Sub Judge, Muvattupuzha. That is a suit for recovery of money filed by the 1st respondent against petitioner and others. It is stated that a motor car and motor bike belonging to the petitioner were attached before judgment on 09.08.2011 as per order on Ext.P3, application – I.A.No.1070 of 2011. Petitioner wants an early disposal of that application and hence this petition. 2. Learned counsel has told me about the difficulties being experienced on account of the delay in disposal of Ext.P3, application. It is stated that the vehicles are remaining idle and getting damaged and lost. 3. It is necessarily, particularly as the vehicles are likely to get damaged and lost that Ext.P3, application is disposed of as early as possible. Resultantly this Original Petition is disposed of directing learned Sub Judge, Muvattupuzha to dispose of I.A.No.1070 of 2011 in O.S.No.147 of 2011 if preliminary steps are over and if there is no legal impediment in doing so, as early as possible giving it top priority. THOMAS P.JOSEPH, Judge. cks