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. 2981 of 2009(E) ------------------------- AGAINST THE ORDER IN EA.1074/04 IN EP.531/2001 IN O.S.415/90 of ADDL.SUB COURT,PARAVUR .................... PETITIONER: --------------- V.P. BAHANAN, P.W.D. CONTRACTOR, VATTAKATTU HOUSE, ARAKKAPADY VILLAGE, WEST VENGOLA, PERUMBAVOOR. BY ADV. SRI.M.C.JOHN RESPONDENTS: ------------------ 1. ALEX, S/O. POULOSE, PATTALATT HOUSE, VENGOLA, ARAKKAPADY VILLAGE, PERUMBAVOOR, 2. PAUL ISSAC, S/O. ISSAC, KUZHIKATTUKUNNEL VENGOLA, PERUMBAVOOR, 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.2981 of 2009 ------------------------------------------------ Dated this the 29th day of January, 2009 JUDGMENT Counsel for the petitioner who is the petitioner in E.A.1074/04 in E.P.531/01 in O.S.415/90 submits that amounts due to him as power of attorney holder of the second respondent/judgment debtor in O.P(Arb).89/87 had been attached on an earlier occasion by the first respondent/decree holder as per Ext.P2 E.P for an amount of Rs.57,225/- as early as in 1993 and that subsequently, for the very same decree amount Ext.P3 E.P. was filed as late as on 16/11/01 including interest till that date for a total amount of Rs.1,02,850/- and that amount has been attached from out of the decree amount deposited by the Government in O.P(Arb).89/87; that both those amounts brought to court in O.S.415/90 are actually amounts due to him and W. P. C. No.2981 of 2009 -2- therefore, he filed Ext.P6 petition in the court below to set aside the attachments of the said two amounts and to communicate to the court where O.P.(Arb).89/87 is pending or in the alternative to issue cheque to him for the said amounts, but that the court below has not passed any order thereon and therefore, direction be issued to the execution court to dispose of E.A.1074/04 filed in E.P.531/01 in O.S.415/90 within a time limit and to direct the court to release the amount of Rs.1,02,875/- attached on 11/02/04. 2. The relief prayed for, for release of attachment or for disbursement of the amount to the petitioner are not reliefs that can be had from this Court. I therefore, dispose of this Writ Petition directing the Additional Sub Judge, North Parur to pass appropriate orders on E.A.1074/04 (Ext.P6) filed by the petitioner as early as possible and in any W. P. C. No.2981 of 2009 -3- event within three weeks from the date on which a copy of this judgment is produced before him by the counsel for the petitioner as it is submitted that both the decree holder and the judgment debtor are already given notice of E.A.1074/04 and are represented by counsel as well. Copy of this judgment shall be produced before the court below forthwith with notice to the counsel for the decree holder and the judgment debtor as this Writ Petition is being disposed of without notice to them. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-