IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Ex.FA.No. 10 of 2008() ---------------------- E.A.NO.805/2006 IN E.A.NO.803/2006 IN E.P.NO.203/2004 IN CS.6704/1987 of PRINCIPAL SUB COURT,ERNAKULAM .................... APPELLANT/PETITIONER IN E.A.NO.805/06 --------------------------------------------------------- EDWIN SHAJI PHILIP, S/O.SHAJI VARKEY PHILIP, AGED 18 YEARS, EDACHERRIL HOUSE, ANGAMALY KARA, KOTHAKULANGARA SOUTH VILLAGE, NOW RESIDING AT FLAT NO.7, PENTA POINT, THRIKKANARVATTOM DESOM, ERNAKULAM. BY ADV. SRI.SHAJI P.CHALY RESPONDENT: DECREE HOLDER ---------------------------- M/S.K.G.COMPANY, H.A.MARKET, KAPANIA BAZAR, AHAMADABAD. ADV. SRI.T.M.CHANDRAN THIS EXECUTION FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- Ex.F.A. Nos.10 of 2008 ---------------------------------------------- Dated 23rd January, 2009. J U D G M E N T Sankaran, J. In execution of the decree obtained by the respondent before the City Civil Court, Ahamadabad, E.P.No.203/04 was filed before the Sub Court, Ernakulam, the decree having been transferred to the Sub Court, Ernakulam. A flat was attached in execution of the decree. The appellant filed a claim petition contending that the flat does not belong to the judgment debtor. The court below dismissed the claim petition. The Execution First Appeal is filed challenging that order. 2. It is submitted by the learned counsel appearing for the appellant/claimant and the learned counsel for the respondent/decree holder that the disputes involved in the case have been settled amicably among the decree holder, judgment debtor and the claimant and that the decree holder has no further claim against the judgment debtor. It is also submitted that attachment of the flat need not be continued and that the order of attachment can be lifted. The submission made by the learned counsel appearing for the parties is recorded and the Execution EX.F.A. NO.10/2008 2 First Appeal is disposed of accordingly. The court below shall lift the attachment of the flat, over which the appellant claims title. The executing court shall close the Execution Petition as having been settled out of court. Communicate a copy of this order to the executing court. On lifting the attachment, the executing court shall intimate that fact to the Sub Registrar Office concerned. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- Ex.F.A. Nos.10 of 2008 ---------------------------------------------- J U D G M E N T Dated 23rd January, 2009.