IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 9750 of 2010(O) ------------------------------------- (E.P.NO.53/2004 IN O.S.NO.83/2001 OF SUB COURT,KATTAPPANA) .................... PETITIONER: ------------------- K.G.KRISHNANKUTTY, AGED 61, S/O.LATE GOPALAN, KOZHITHOTTATHIL HOUSE, MATTUKATTA KARA, AYYAPPANKOIL VILLAGE, NOW RESIDING AT PODITHOTTATHIL HOUSE, VELLAYAMKUDY KARA, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADVS. MR.VARGHESE C.KURIAKOSE, MR.ADEEP ANWAR RESPONDENTS: ------------------------ 1. V.J.THOMAS, S/O.JOSEPH, VALIKULATHU HOUSE, AYYAPPANCOIL VILLAGE, THONITHADY KARA, PIN-685 507. 2. M.D.JOSEPH, S/O.DEVASIA, MUTHUPLACKAL HOUSE, AYYAPPANCOIL VILLAGE, MATUKATTA KARA, PIN – 685 507. 3. O.V.YOHANNAN, S/O.DEVASIA, PERAMPANACHY HOUSE, PONNARATHANPARAPPU KARA, AYYAPPANCOIL VILLAGE, PIN – 685 507. 4. ALANTY P.JOHN, S/O.O.V.YOHANNAN, PERAMPANACHY HOUSE, PONNARATHANPARAPPU KARA, AYYAPPANCOIL VILLAGE, PIN – 685 507. 5. V.A.JOSEPH, S/O.AUGUSTHY, VADAKKEDATHU HOUSE, MATTUKKATTA KARA, AYYAPPANCOIL VILLAGE, 685 507. W.P.(C). NO.9750/2010-O: 6. MARYKUTTY, W/O.JOSEPH, VADAKKEDATHU HOUSE, MATTUKKATTA KARA, AYYAPPANCOIL VILLAGE, 685 507. 7. K.M.VARKEY, S/O.ABRAHAM, KOLLAMPARAMBIL HOUSE, MATTUKATTA KARA, AYYAPPANCOIL VILLAGE, 685 507. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 9750 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of March, 2010 JUDGMENT The limited prayer in this petition under Article 227 of the Constitution of India is for a direction to the Sub Court, Kattappana to take up Ext.P6 application and dispose of the same on merits as early as possible. 2. The petitioner is the judgment debtor in E.P. No.53 of 2004 in O.S. No. 83 of 2001 on the file of the Sub Court, Kattappana. The suit was decreed in terms of compromise. It seems that the petitioner instituted I.P. No.1 of 2005 before the Sub Court, Kattappana and a copy of the same is produced as Ext.P2. Later, the petitioner filed an application for impleading in I.P. No.1 of 2005. Unfortunately, on 20-6-2009 the I.P. was dismissed for default. The petitioner has filed an application for restoration. 3. It is pointed out that taking advantage of the default W.P.(C) No. 9750/2010 2 order, the execution court proceeded with the execution proceedings for realization of the amount and property was brought to sale. The petitioner approached this Court by filing W.P.(C) No.3361 of 2007. This Court by Ext.P4 judgment disposed of that writ petition, directing the Sub Court, Kattappana to dispose of the restoration petition. Thereafter, the I.P. was restored. Later, I.P. was dismissed for default. Restoration application was filed and that is pending. The property was sold in execution of the decree and confirmed. The petitioner filed an application to review the order confirming the sale and copy of the petition is produced as Ext.P6. The only prayer is to direct the Sub Court, Kattappana to take up the application and dispose of it on merits and till then the proceedings in E.P. No.53 of 2004 may be kept in abeyance. 4. In the light of the order that is to be passed, notice to the respondents is not necessary. 5. The petitioner has produced copy of the petition seeking review of the order as Ext.P6. The court below has W.P.(C) No. 9750/2010 3 to dispose of the application on merits. The prayer is just and reasonable. 6. Hence, there will be a direction to the Sub Court, Kattappana to take up Ext.P6 application for review and dispose of the same on merits as expeditiously as possible, at any rate within three weeks from the date of receipt of copy of this judgment. Till then, E.P.No.53 of 2004 shall be kept abeyance. This writ petition is accordingly disposed of. P.BHAVADASAN, JUDGE. mn.