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. 2806 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 381/2010 IN OS.827/2008 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------------ NIZARUDEEN, AGED 40 YEARS, S/O.MOHAMMED KASIM, ANEERA MANZIL, CHEMPAKAMANGALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENT: --------------------- 1. M/S.SREE GOKULAM CHIT AND FINANCE CO.PVT.LTD., 28, MUTHUGRAMANI STREET, MYLAPOOR, CHENNAI, REPRESENTED BY ITS MANAGING DIRECTOR, GOKULAM GOPALAN. 2. ABDUL RAHIM RAFI, RAHIM MANZIL, THEKKETHIL KADAMUKKU, KANIYAPURAM POST, THIRUVANANTHAPURAM, PIN-695 301. BY: THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (C) No.2806/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE IA NO.381/2010 IN O.S. NO.827/2008 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. EXT.P2 – TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN EXT.P1. EXT.P3 – TRUE COPY OF THE CHIEF AFFIDAVIT OF THE PETITIONER DATED 8-7-2011. EXT.P4 – TRUE COPY OF THE ADVANCE PETITION DATED 27-07-2011 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2806 of 2011 -------------------------------------- Dated this the 25th day of August, 2011. JUDGMENT Petitioner is the claim petitioner in O.S.No.827 of 2008 of the court of learned Principal Sub Judge, Thiruvananthapuram. 1st respondent filed that suit for a decree for recovery of money against the 2nd respondent on a dishonoured cheque. The property scheduled in the application for attachment was attached as if it belonged to the 2nd respondent. Petitioner preferred Ext.P1, claim petition dated 10.01.2010 claiming that the property attached belonged to him and is not liable to be attached. Ext.P2 is the objection dated 24.02.2011 preferred by the first respondent. Grievance of petitioner is that Ext.P1, claim petition is not disposed of so far. 2. It is seen that the claim petition is filed on 10.01.2010 and the objection to that petition is preferred on 24.02.2011. If the preliminary steps on Ext.P1, application are over and there is no legal impediment in its disposal, I think, it is only appropriate that learned Principal Sub Judge disposed of the same as early as possible. But, I am not prescribing any time limit without understanding the volume of work of the court concerned and priority for disposal of older cases if any. OP(C) No.2806/2011 2 Resultantly this Original Petition is disposed of directing the learned Principal Sub Judge dispose of Ext.P1, claim petition in O.S.No.827 of 2008 as early as possible and as provided under law. THOMAS P.JOSEPH, Judge. cks