IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 OP(C).No. 364 of 2011(O) ---------------------------------- OS.213/2003 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER (S): ------------------------- K.B.MOHANAN PILLAI, KARUKAPPALLIL HOUSE, ELAMAKKARA. PIN. 682 306. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): -------------------------- ST.MARY'S CATHEDRAL BASILICA, ERNAKULAM, KOCHI-31, REPRESENTED BY ITS VICAR REV.DR.JOSE CHIRAMEL, S/O.FRANCIS, RESIDING AT PRESBITORY OF ST.MARY'S BASILICAL CHURCH, ERNAKULAM. 682 031. BY ADVS. SRI.JIMMY JOHN VELLANIKARAN SRI.SABU PULLAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss O.P.(C) NO.364/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE E.A. 837/2010 DTD. 7.8.10. P2:- COPY OF THE E.A. 838/2010 DTD. 7.9.2010. P3:- COPY OF THE OBJECTION IN EA. 837/2010 DT.D 7.1.2011. P4:- COPY OF THE OBJECTION IN EA. 838/2010 DTD. 7.1.2011. P5:- COPY OF THE EA. 89/2011 DTD. 12.1.2011. P6:- COPY OF THE REVIEW PETITION DTD. 18.1.2011. P7:- COPY OF THE ADVANCE PETITION DTD. 18.1.2011. P8:- COPY OF THE EA. 129/2011 DTD. 18.1.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.BHAVADASAN, J. ---------------------------- O.P(C). No. 364 of 2011 --------------------------------- Dated this the 24th day of March, 2011 JUDGMENT Limited prayer in this O.P.(c) is to direct the Sub Court, Ernakulam to dispose of Ext.P5 claim petition filed by the petitioner before the court below. 2. The necessary facts are as follows: The petitioner is the Power of Attorney holder of the Judgment Debtor in O.S.No.213/2003 of the Munsiff's Court, Ernakulam. The judgment debtor is the father of the petitioner and the father of the petitioner was occupying, building belonging to the respondent from 1957 onwards, for a monthly rent of Rs.40/-per month. During the year 2000, a portion of the building was surrendered for reconstruction and the respondent has directed the father of the petitioner to sign a fresh agreement. Thereafter, there was some arrears of rent, so the respondent filed an Original Suit as O.S.No.213/2003. Suffice to that, the suit was decreed. Execution was taken. The respondent has filed two Execution Petitions. E.A.No.837/2010 is filed to hand over the key of the shop room to take actual possession and E.A.No.838/2010 is to attach the movables kept in the shop room. O.P(C). No. 364 of 2011 2 3. The petitioner filed objections to these two execution applications, on behalf of his father and has also filed a claim petition as E.A.No. 89/2011, claiming that the movable articles in the attached shop room are the personal belongings of the petitioner and hence those movable articles cannot be attached for realizing the decree debt. 4. The learned counsel for the decree holder/respondent points out that the building can be surrendered and movables claimed may be released on a kychit and the claim petition may be adjudicated. 5. The prayer made by the decree holder seems to be just and reasonable. Therefore, there will be a direction to the court below to release the movables, provided, the petitioner is prepared to take it Kychit within a period of two weeks from today and thereafter, consider the claim made by the petitioner in accordance with law. Further proceedings for delivery of building may go on. The O.P(c) is disposed of as above. P.BHAVADASAN, JUDGE. ln