IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5902 of 2010(O) ------------------------------------ AGAINST THE ORDER DATED / / IN IA.1342/09 IN OS.276/2009 of SUB COURT, PATHANAMTHITTA .................... PETITIONER(S): ------------------------ SHINE RAJ,S/O.SUKUMARAN NAIR, RESIDING AT NANDANAM,PANNIYALI MURI,OMALLOOR VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV.MR.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. G.PRITHVIPAL,S/O.GOPALA KRISHNA KURUP, RESIDING AT VILAKATTU KOICKAL HOUSE,KAIPPUZHA MURI KULANADA VILLAGE,PATHANAMTHITTA DISTRICT. 2. K.K.SADASIVAN PILLAI,S/O.KRISHNA PILLAI, KANNANGATTU HOUSE, KAIPPUZHA MURI,KULANADA VILLAGE PATHANAMTHITTA DISTRICT. 3. M/S.SREERAM TRANSPORT FINANCE COMPANY LTD,GEETHA COMMERCIAL COMPLEX,NAGAMBADAM, KOTTAYAM REPRESENTED BY ITS BRANCH MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 5902 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of February, 2010 JUDGMENT In this writ petition filed under Article 227of the Constitution of India the petitioner challenges Ext.P4 order passed by the Sub Court, Pathanamthitta in I.A. No.1342 of 2009 in O.S. No.276 of 2009. 2. The 1st respondent herein instituted O.S. No.276 of 2009 before the Sub Court, Pathanamthitta for realization of Rs.8,13,000/- together with interest at the rate of 12% p.a. from the petitioner. According to the petitioner, the 2nd respondent herein, the registered owner of stage carriage vehicle bearing No.KL 3/M 4473, executed a sale deed as per agreement 28-6-2008. The total sale consideration was Rs.9,10,000/-, which includes the dues towards the financier. The petitioner claims that he had paid a sum of Rs.1,00,000/- on 11-3-2009 and had taken possession of the vehicle. However, contrary to the agreement, the petitioner did not take any steps to have the vehicle transferred in the 2 name of the petitioner. 3. In the suit the 1st respondent filed I.A. for an order of attachment and the petitioner entered appearance and filed counter affidavit. The trial court after considering the contentions, ordered interim conditional attachment until further orders and the matter was posted for detailed hearing to 2-1-2010. 4. The petitioner points out that due to the interim order there is every chance of attaching the vehicle from the custody of the petitioner, which will cause irreparable injury to the petitioner. 5. Considering the facts and circumstances of the case, the court below is directed to dispose of I.A. No.1342 of 2009 in O.S. No.276 of 2009 within two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. P.BHAVADASAN, JUDGE. mn.