IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3078 of 2008(N) ------------------------- OS.9/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONERS: ------------ 1. M.S.CHANDRAVALLY, W/O.HARIHARAN, AGED 52, RESIDING AT "THIRUVONAM", THATHAMPALLY P.O., ALAPPUZHA-688 013. 2. MR.HARIHARAN, S/O.NEELAKANTAN, RESIDING AT "THIRUVONAM", THATHAMPALLY P.O., ALAPPUZHA-688 013. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. S.N.D.P.YOGAM, BR.NO.363, KAKKAZHAM, NEERKUNNAM P.O., T.D.M.C., ALAPPUZHA, REPRESENTED BY ITS SECRETARY. 2. PRESIDENT OF S.N.D.P.YOGAM, BR.NO.363, KAKKAZHAM, NEERKUNNAM P.O., T.D.M.C., ALAPPUZHA-5. 3. P.G.BABU, NOW WORKING AS PRESIDENT OF S.N.D.P. YOGAM, BR.NO.363, KAKKAZHAM, NEERKUNNAM P.O., T.D.M.C., ALAPPUZHA-5, RESIDING AT THAYANKAR HOUSE, KOPPARAKADAVU, KAKKAZHAM KIZHAKKE MURI, AMBALAPPUZHA. 4. THE FEDERAL BANK LTD., REGIONAL OFFICE, RAIBAN SHOPPING COMPLEX, WEST OF MEDICAL COLLEGE JUNCTION, ALAPPUZHA, REPRESENTED BY ITS REGIONAL MANAGER. 5. THE AUTHORISED OFFICER UNDER SARFAESI AT, THE FEDERAL BANK LTD., REGIONAL OFFICE, RAIBAN SHOPPING COMPLEX, WEST OF MEDICAL COLLEGE JUNCTION, ALAPPUZHA. BY SC FOR FED. BANK SRI. MOHAN JACOB GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 3078 OF 2008 --------------------- Dated this the 25th day of January, 2008 JUDGMENT This writ petition is filed to direct the Subordinate Judge, Alappuzha, to dispose of EA 44/00 in EP 156/07 in OS 9/07 and IA 289/08 in OS 8/07 and in the meanwhile to restrain respondents 4 and 5 from releasing a sum of Rs.4,30,000/- to respondents 1 to 3 in pursuance of the sale to be conducted, as per Ext.P2 notification. 2. Petitioners herein are the decree holders and their apprehension is that the property, which is ordered to be sold, will fetch a substantial amount and respondents 1 to 3 are indebted very heavily and if permission is given to take away the money, which remains after satisfaction of the debt due to respondents 4 and 5, it will cause hardship to other creditors and therefore there has to be a direction to the respondents 4 and 5 not to release the amount, till orders are passed in the applications mentioned above. 3. There is considerable force in the said contention. I direct respondents 4 and 5 to appropriate the amount, which is due to them out of the sale proceeds, and direct them not to release the WPC NO 3078/08 2 balance sale consideration to respondents 1 to 3, till a final decision is taken on the above applications. The learned Subordinate Judge, Alappuzha is directed to dispose of EA 44/00 in EP 156/07 in OS 9/07 and IA 289/08 in OS 8/07 and IA 289/08 in OS 8/07 within a time frame of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 3078/08 3