IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).NO. 22721 OF 2010(F) --------------------------------------- PETITIONER(S): ---------------------- SAGEER, AGED 33 YEARS, S/O.KUNJUMON, KARAPPAN HOUSE, THOUFEEQ MANSIL, KEEZHMAD KARA, ALUVA EAST VILLAGE, ALUVA TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): -------------------------- ANWAR, AGED 38 YEARS, S/O.MOIDU, SAFAMAHAL, KATHRUKADAVU DESAM, ELAMKULAM KARA, KANAYANNOOR TALUK, COCHIN-20. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22721 of 2010 ==================================== Dated this the 22nd day of July, 2010 J U D G M E N T Plaintiff in O.S. No.194 of 2010 of the court of learned Additional Sub Judge, North Paravur is the petitioner before me. He sued the respondent for recovery of Rs.7,00,000/- with interest and property of respondent was placed under conditional attachment. Case was posted on 14.07.2010 for appearance of petitioner. It is stated that counsel for petitioner had entrusted the case to another Advocate to make appropriate representation in court and went to the adjacent court. But the counsel who was entrusted with the matter omitted to make representation and hence the suit was dismissed for default. Attachment was also lifted. Immediately petitioner filed I.A. No.2331 of 2010 for restoration of the suit dismissed for default and another application to revive the order of attachment which was lifted. Those applications are pending before the learned Sub Judge. Though there are certain other prayers also made in the Writ Petition learned counsel for petitioner has requested that learned Sub Judge may be directed to dispose of I.A. No.2331 of 2010 and the W.P(C) No.22721 of 2010 -: 2 :- application for revival of order of attachment at the earliest. Learned counsel states that petitioner apprehends that respondent might in the meantime alienate the property which was under conditional attachment making use of the fact that while suit was dismissed the attachment was lifted. 2. Having regard to the facts and circumstances stated and considering the apprehension of petitioner learned Sub Judge, North Paravur is directed to dispose of I.A. No.2331 of 2010 and the application for revival of the order of attachment as expeditiously as possible giving top priority to those applications. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv