IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8632 of 2010(O) -------------------------------------- AGAINST THE ORDER IN EP 690/2003 IN OS.594/1999 of PRL.SUB COURT,THRISSUR. .................... PETITIONER(S): ------------------------ K.USMAN, VEETILE VALAPPIL HOUSE, PUNNAYOORKULAM, PARUR - THRISSUR, BY ADVS. MR.R.BINDU (SASTHAMANGALAM) MR.PRASANTH M.P RESPONDENT(S): ------------------------- VYAPARA VIJAYAM HIRE PURCHASE (P) LTD. REGISTERED OFFICE AT NADAR BUILDINGS, RICE BAZAR, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.8632 of 2010-O ------------------------------------- Dated 16th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the petitioner seeks the following relief : “i. issue an order, directing the court of Subordinate Judge, Thrissur to keep all further proceedings in EP No.690/03 in OS No.594/99 pending for a period of two months so as to enable the petitioner to recourse his remedies under the Code of Civil Procedure to substantiate his right and title over the property now sought to be attached in the execution proceedings.” 2. The petitioner claims to be the absolute owner in possession of 22 cents of land comprised in RS No.227 of Punnayoorkulam Amsom and Desom of Chavakkad Taluk, which was purchased by him in 2005 as per Sale Deed No.2379/05, a copy of which is produced as Ext.P1. WPC 8632/10 2 3. According to the petitioner, on 17.02.2010, an Amien of the Sub Court, Thrissur came to his house and said that his property including the house, are being attached in execution of the Judgment and decree passed in OS No.594/99 filed by the respondent herein. He obstructed the Amien from effecting delivery of the property and pointed out that he alone is the owner of the property and no one else has any right over the property. The petitioner says that on enquiry, he came to know that the respondent had obtained a money decree against one Mr.P.A.Alimon and in that suit, the father and brother of the petitioner were also made parties. He submits that he is not a party to the suit and so, execution proceedings cannot be levied against him. In the light of these facts, the above quoted prayer has been made. 4. If the petitioner has a case that his property is not liable to be proceeded against in execution, he has a statutory remedy under the Code of Civil Procedure. Without invoking the same, rushing to this Court and WPC 8632/10 3 asking to stay the execution proceedings, cannot be countenanced. Reserving the liberty of the petitioner to take such steps as are available to him in law, this Writ Petition is dismissed. P.BHAVADASAN, JUDGE sta WPC 8632/10 4