IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 OP(C).No. 2801 of 2011(O) --------------------------------- OS.211/2011 of SUB COURT, ATTINGAL .................... PETITIONER --------------- SHOBITHA, AGED 40 YEARS, W/O.NAZARUDEEN, NAHIYA MANZIL, NEAR SREEKRISHNA SWAMY TEMPLE, KESAVAPURAM, VELLALLOOR P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------------- 1. AMBIKA, D/O.SARASAMMA, AGED 40 YEARS, ASWATHY NIVAS, KESAVAPURAM,VELLALLOOR P.O., THIRUVANANTHAPURAM DISTRICT. 2. NAZARUDEEN, AGED 42 YEARS, NAHIYA MANZIL, NEAR SREEKRISHNASWAMY TEMPLE, KESAVAPURAM,VELLALLOOR P.O., THIRUVANANTHAPURAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2801/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ATTACHMENT PETITION I.A. NO.1309/2011 IN O.S.211/2011 FILED BY THE 1ST RESPONDENT BEFORE THE SUB COURT, ATTINGAL. P2: COPY OF THE OBJECTION FILED BY THE PETITIONER ON 08/08/2011 ON EXT. P1. P3: COPY OF THE SALE DEED NO.1220/2009 OF SRO., NAGROOR. P4: COPY OF I.A. NO.1634/2011 IN O.S. NO.211/2011 FILED BY THE PETITIONER BEFORE THE SUB COURT, ATTINGAL. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2801 of 2011 -------------------------------------- Dated this the 25th day of August, 2011. JUDGMENT Petitioner is the 2nd defendant in O.S.No.211 of 2011 of the court of learned Sub Judge, Attingal. That is a suit filed by 1st respondent for recovery of money from the petitioner and 1st defendant, husband of the petitioner. There was an attachment of the property before judgment. According to the petitioner, the attachment was made as if the property belonged to 2nd respondent/1st defendant but, it actually belongs to the petitioner/2nd defendant as per Ext.P3, sale deed. It is also her case that she preferred Ext.P2, objection to Ext.P1,application for attachment. But the matter has not so far been decided which puts her to much difficulty. Hence this Original Petition for a direction to the learned Sub Judge to dispose of the application as early as possible. 2. Ext.P1, application for attachment is filed on 11.07.2011 and petitioner has preferred Ext.P2, objection on 08.08.2011. It is not as if too much time has elapsed after filing of Ext.P1, application to necessitate a direction for time bound disposal of Ext.P1, application. However, it is open to the petitioner to request learned Sub Judge to dispose of Ext.P1, application as early as possible (if all the steps on the application are over and there is no legal impediment in doing so) and if any such request is made, learned Sub Judge shall consider the request. OP(C) No.2801/2011 2 With the above observation this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks