IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2608 of 2010(O) ------------------------- AGAINST THE ORDER DATED 22/12/2009 IN EP.459/2006 IN OS.359/1999 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- 1. T.B.BABU, S/O.THOTTUPUZHA, T.R.BALAKRISHNAN, MANALUR VILLAGE DESOM, THRISSUR TALUK, P.O.KANJANI. 2. E.V.GOVIND, AGED 25 YEARS, S/O.UNNIKRISHNAN, 1/1390, OPP.MOSQUE, PATTALAM, FORT KOCHI-1. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- ARUMUGHAN, S/O.ADATTUPARAMBIL SANKARAN, AMBALAPURAM DESOM, PERINGADOOR VILLAGE, AMBALAPURAM DESOM, THRISSUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) No. 2608 of 2010 * * * * * * * * * * * * * * * * * * Dated: 28th January, 2010 JUDGMENT The petitioners who are the judgment debtors in O.S. 359 of 1999 on the file of the II Addl. Sub Court, Thrissur which was a suit for money opposed the execution petition contending inter alia that the property does not belong to the judgment debtors and that they had already transferred the property to strangers who had not been impleaded in the suit. The above objection was met by the decree holder contending inter alia that the transfer, if any, was a fraudulent and sham transfer and that the property is still owned and possessed by the judgment debtors. The Court below as per Ext.P4 order dated 22-12-2009 overruled the objections and settled the sale proclamation and posted the case to 28-1-2010. The Court below took note of the fact that the property was under attachment from 31-7-2006 onwards and nobody including the alleged vendee had come W.P. (C) No. 2608 of 2010 -:2:- forward to lift the attachment and that the alleged sale deed was also not produced by the petitioner. Such being the position, I see little ground for interference with Ext.P4 order dated 22-12- 2009 passed by the II Addl. Sub Court, Thrissur in E.P. No. 459 of 2006 in O.S. 359 of 1999. This Writ Petition is, accordingly dismissed . V. RAMKUMAR, (JUDGE) ani.