IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 2918 of 2009(V) ------------------------------------------ IA.2389/2008 IN OS.335/2006 of MUNSIFF COURT, PUNALUR .................... PETITIONERS: 1. S.OMAN, S/O.SANKARAN, THEKKUMKATTIL VEEDU, ELAMPAL MURI, VILAKUDY VILLAGE, PATHANAPURAM TALUK. 2. INDIRA DEVI, W/O.S.SOMAN, THEKKUMKATTIL VEEDU, ELAMPAL MURI, VILAKUDY VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.D.SAJEEV RESPONDENTS: 1. P.T.SUBASH BABU, MANAGING ARTNER, M/S.JAYABHARATAM BANGLOW, PUNALUR, PATHANAPURAM TALUK. 2. RAJU VARGHES, KARIMARATHINAL VEEDU, MALLASSERY, PRAMADAM VILLAGE, PATHANAMTHITTA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.2918 of 2009 V -------------------------- JUDGMENT The grievance of the petitioners, who are the defendants in O.S.No.335/06 on the file of the Munsiff's Court, Punalar, is that their property was attached before judgment in the said suit on the application of the respondents/plaintiffs; that thereafter for non payment of balance court fee, the suit was dismissed; that petitioners moved I.A. No.2389/08 (Exhibit P2) for a communication being issued to the Sub Registrar, Punalur and the Village Officer, Vilakudy to the effect that there is no attachment in force as the suit has been dismissed and the court below passed an order thereon allowing the application, but, in the meanwhile, a restoration application was filed by the respondents in the said suit as I.A.No.2410/08 and thereupon, without hearing the counsel for the petitioners and without reviewing the earlier order dated 15.12.2008, on I.A.No.2389/08 the court below WPC 2918/09 2 directed communication of the order being kept in abeyance; that petitioners are ready to furnish sufficient security either by way of a bank guarantee or otherwise for the plaint claim involved and the court below is not disposing of I.A.No.2410/08 (restoration application) and that therefore, petitioners are disabled from furnishing security for the plaint claim nor are they enabled to have communication of the order as prayed for and allowed vide I.A.No.2389/08. It is submitted that petitioners are in dire need to sell a portion of the property attached for the purpose of meeting some urgent needs. 2. In the result, I direct the court below to communicate the order passed on I.A.No.2389/08 forthwith or in the alternative to advance hearing on I.A.No.2410/08 on the application of the petitioners and to pass appropriate orders thereon and thereafter to act accordingly as the order is on I.A.No.2410/08. Petitioners shall produce a copy WPC 2918/09 3 of this judgment before the court below forthwith and the court below shall pass appropriate orders positively within ten days as directed above. The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioners urgently. 29th January, 2009 (K.P.Balachandran, Judge) tkv