IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 7021 of 2008(J) ------------------------- AGAINST THE ORDER IN IA 498/08 IN OS.663/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- M.RAJENDRA PRASAD, TC NO.36/792, 'KRISHNA', PERUNTHANNI, THIRUVANANTHAPURAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER V.BHUVANESH, TC 36/792, 'KRISHNA', PERUNTHANNI, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR SRI.HARIKUMAR.S. RESPONDENTS: ------------------------ 1. K.GOPAKUMAR, 'POURNAMI', TC NO.27/655, AMBALATHUMUKKU, VANCHIYOOR, THIRUVANANTHAPURAM. 2. KANAKAMMA C., 'ACHUTHAM', TC 6/2239(1), EDAVILAKOM LANE, VALIYAVILA, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7021 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N T This writ petition is preferred for a direction to the II Addl. Sub Court, Thiruvananthapuram to hear and dispose of I.A.113/08 and I.A.498/08 in O.S.663/07. It is a claim petition filed by the writ petitioner against an order of attachment and it is one to be disposed of under Order 38 Rule 8 by following the procedure contemplated under Order 21 Rule 58 of CPC. It is the case of the petitioner that the property belongs to him much prior to the date of attachment and therefore there cannot be an attachment of the property. Considering the facts and circumstances I direct the Court below to advance I.A.113/08 and dispose it of within a time frame of two months from today and if possible before the Court closes for summer holidays. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-