IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 OP(C).No. 3609 of 2011(O) ------------------------------------ [OS.NO.604/2011 OF I ADDITIONAL SUB COURT, THRISSUR] .................... PETITIONERS: --------------------- 1. K.P.PETER, S/O. KILLIKKAD PETER, VARANTHARAPPILLY VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. C.R. DAVIS, S/O. RAPPAI, CHITTILAPILLY, CHOOLISSERY VILLAGE & DESOM, THRISSUR TALUK. BY ADVS. SRI.JIJO PAUL, SMT.T.RESMI DAMODARAN. RESPONDENTS: ------------------------ 1. ST. ANTONYS TIMBER DEPOT, CHEVOOR VILLAGE & DESOM, THRISSUR TALUK, REP. BY ITS MANAGING PARTNER, BABU JOHN, S/O. LONAKUTTY @ JOHN, VALLOOPARA HOUSE, P.O.PERINCHERY, THRISSUR-680 306. 2. BABU JOHN, S/O. LONAKUTTY @ JOHN, VALLOOPARA HOUSE, P.O.PERINCHERY, THRISSUR-680 306. 3. A.A. DAVIS, S/O. ANTHONY ARIMBUR ADAMBUKULAM, AMMADAM DESOM, KARLAM VILLAGE, THRISSUR-680 563. 4. OCEANUS DWELLING PVT. LTD., PRIYADARSHINI NAGAR, VARANTHARAPILLY VILLAGE, DESOM, MUKUNDAPURAM TALUK-680 303, REP. BY ITS REGIONAL MANAGER, K.A. FRANCIS. 5. THE MANAGER, SOUTH INDIAN BANK, THRISSUR WEST BRANCH, THRISSUR-680 021. BY THIS OP (CIVIL) HAVING COME UP FOR A DMISSION ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3609/2011-O: APPENDIX PETITIONERS' EXHIBITS:- EXT.P1: TRUE COPY OF THE PLAINT IN O.S. NO.604/2011 IN THE COURT OF THE SUBORDINATE JUDGE, THRISSUR. EXT.P2: TRUE COPY OF THE COMPROMISE ARRIVED AT BETWEEN THE PETITIONERS AND RESPONDENTS 1 TO 3 IN O.S. NO.285/2009 IN THE SUBORDINATE JUDGES COURT, THRISSUR DATED 8-01-2011. EXT.P3: TRUE COPY OF THE CHEQUE DATED 30-05-2011 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DRAWN ON THE SOUTH INDIAN BANK, WEST BRANCH, THRISSUR. EXT.P4: TRUE COPY OF THE CHEQUE DATED 30-05-2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER DRAWN ON THE SOUTH INDIAN WEST BRANCH, THRISSUR. EXT.P5: TRUE COPY OF THE CHEQUE DATED 30-08-2011 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DRAWN ON THE SOUTH INDIAN BANK, WEST BRANCH, THRISSUR. EXT.P6: TRUE COPY OF THE CHEQUE DATED 30-08-2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER DRAWN ON THE SOUTH INDIAN BANK, WEST BRANCH, THRISSUR. EXT.P7: TRUE COPY OF I.A. NO.3615/2011 IN O.S. NO.604/2011 DATED 19-4-2011. EXT.P8: TRUE COPY OF THE I.A. NO.3763/2011 IN I.A. NO.3615/2011 IN O.S. NO.604/2011. EXT.P9: TRUE COPY OF THE ORDER DATED 28-5-2011 PSSED BY THE SUBORDINATE JUDGE, THRISSUR, IN I.A. 3763/2011 IN I.A. NO.3615/2011 IN O.S. NO.604/2011. EXT.P10: TRUE COPY OF THE I.A. NO.6177/2011 IN O.S. NO.604/2011 DATED 20-07-2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3609 of 2011 --------------------------------------- Dated this 08th day of November, 2011 JUDGMENT Notice to the fourth respondent is dispensed with in view of the decision I propose to take. 2. Petitioners are defendants 1 and 2 in O.S.No.604 of 2011 of the Court of learned first Additional Sub Judge, Thrissur. That is a suit filed by the fourth respondent for recovery of money. In the meantime, petitioners filed O.S.No.285 of 2009 in the same Court against respondents 1 to 3 for recovery of money and based on a settlement (Ext.P2), the Lok Adalath is said to have passed an award in favour of petitioners allowing them to realise the amount as stated in the award. Respondents 1 to 3 (allegedly) gave Ext.P3 to P6, cheques for realisation of the amount. While so the fourth respondent filed Ext.P7, application in O.S.No.604 of 2011 for attachment of `.54,33,020/- from the amount due to the petitioners from respondents 1 to 3. Respondents 1 to 3 filed Ext.P8, application to restrain the fifth respondent/bank from realising the amount. Learned Additional Sub Judge passed Ext.P9, order on Exts.P7 and P8, applications and restrained disbursement of the the amount till 04.06.2011. O.P(C).No.3609 of 2011 -: 2 :- 3. Learned counsel for petitioners submits that the said order has not been extended after 04.06.2011. The grievance of petitioners is that of Exts.P3 to P6, cheques (allegedly given by respondents 1 to 3 to the petitioners) Exts.P3 and P4, cheques are dated 30.05.2011 and Exts.P5 and P6, cheques are dated 30.08.2011. Exts.P3 and P4, cheques were presented for encashment but, were returned (allegedly) for the reason that there was an order of injunction. Petitioners say that the period of six months so far as Exts.P3 and P4, cheques are concerned will expire by 29.11.2011 and if the cheques are not presented within the said time, those cheques may became stale. Petitioners filed Ext.P10, application (I.A.No.6177 of 2011) to advance hearing of Exts.P7 and P8, applications but, that application is now posted on 02.12.2011. 4. Having regard to the circumstances stated, it appears to me that Exts.P7 and P8, applications are to be disposed of as early as possible. Resultantly this original petition is disposed of directing the learned First Additional Sub Judge, Thrissur to dispose of Exts.P7 and P8, applications as early as possible bearing in mind the grievance of petitioners above stated. Petitioners may file fresh application for advancing hearing of Exts.P7 and P8, applications. (THOMAS P. JOSEPH, JUDGE) Sbna/-