IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 26964 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.16/2006 IN OS.150/1999 of MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER(S): ------------------------- K.P.SREEKUMAR, S/O.PARAMESWARAN PILLAI, NOW RESIDING AT SHANTHI BHAVAN, THURUTHIKARA MURI, KUNNATHUR VILLAGE, KOLLAM DISTRICT. BY ADVS.MR.K.JAYAKUMAR, MR.P.B.KRISHNAN, MR.R.SURAJ KUMAR, SMT.GEETHA P.MENON, MR.N.AJITH, MR.P.M.NEELAKANDAN. RESPONDENT(S): ---------------------------- 1. THE BRANCH MANAGER, CATHOLIC SYRIAN BANK, KADAMPANADU. 2. VILLAGE OFFICER, KUNNATHUR VILLAGE, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26964 OF 2009 -------------------------- Dated this the 09th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Set aside Ext.P4 and P6 orders in exercise of the supervisory jurisdiction of this Hon'ble Court. ii) Pass an order allowing E.A No.91 of 2009 and E.A No.95 of 2009 in E.P No.6 of 2006 in O.S No. 150 of 1999 on the file of the Munsiff Court, Sasthamcotta. iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.2 to note the discontinuance of the execution, attachment and auction proceedings over the plaint schedule property in E.P No.16 of 2006 in O.S No.150 of 1999 on the file of the Munsiff's Court of Sasthamcotta. W.P.(C).No.26964 OF 2009 Page numbers iv) Grant the petitioner such other appropriate reliefs that this Hon'ble Court may deem fit to grant on the facts and circumstances of the case. v) Award the petitioner the costs of this Writ Petition. 2. Petitioner is the judgment debtor in E.P No.16 of 2006 in O.S No.150 of 1999 on the file of the Munsiff Magistrate Court, Sasthamcotta. The entire decree debt due to the decree holder, the first respondent bank pursuant to execution proceedings taken in the above execution petition filed by the bank had been discharged but the attachment over the immovable property ordered by the court still continue in the registers maintained in the revenue office is the grievance espoused by the petitioner. Applications moved before the execution court to lift the attachment W.P.(C).No.26964 OF 2009 Page numbers in view of the satisfaction of the decree and forwarding of such intimation to revenue offices were turned down by that court. Exts.P4 and P6 are the copies of the orders passed by the court below dismissing the applications moved by the judgment debtor. 3. Notice being given, the respondent has entered appearance through counsel. The learned counsel for the respondent submits that the decree has been satisfied and so much so, the execution petition was closed. Even if the execution petition was closed with satisfaction recorded on payment of the decree debt by the judgment debtor it is the duty of the court to pass appropriate orders for lifting the attachment, if any, made earlier and also forwarding of intimation to the revenue office that the attachment has been lifted. Consequent to closing of the execution petition and W.P.(C).No.26964 OF 2009 Page numbers on recording on satisfaction, previously no order was passed for lifting the attachment before closing of the execution petition is not at all a ground to deny the request made by the judgment debtor. Setting aside Exts.P4 and P6 orders, I direct the court below to pass appropriate orders for lifting the attachment and informing the revenue office accordingly. Petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv