IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 22162 of 2010(O) -------------------------- AGAINST THE ORDER IN IA 2895/08 IN OS.573/2008 of MUNSIFF'S COURT, PATHANAMTHITTA .................... PETITIONER(S): ------------------------- AMMINI, W/O.JOSHUA, CHITTAKKATTU HOUSE, THAZHATHU MURIYIL, VENMANI VILLAGE, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI.M.E.JOSEPH, AGED 51 YEARS, S/O.IDIKULA UMMEN, MALAYADU KIZHEKKETHIL, IRAMIKUDI PO, NOORANADU VILLAGE. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): --------------------------- 1. CHERIAN VARGHESE, MAMMOOTTIL HOUSE, KAIPATTOOR PO, PATHANAMTHITTA,-689 648. 2. MONCY CHERIAN, PROPRIETOR, MAMMOOTTIL RUBBER AGENCIES, KOORANPALA SOUTH PO, PANDALAM, RESIDING AT MAMMOOTTIL HOUSE, KAIPATTOOR PO, PATHANAMTHITTA,-689 648. 3. THE STATE BANK OF TRAVANCORE, PANDALAM BRANCH, ADOOR TALUK, -689 501. PATHANAMTHITTA, REP.BY ITS MANAGER,. 4. THE RECOVERY OFFICER, OFFICE OF THE DEBT RECOVERY TRIBUNAL,ERNAKULAM-16. R3 BY ADVS. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ------------------------- W.P (C) No.22162 of 2010 -------------------------- Dated this the 30th day of July, 2010 J U D G M E N T This writ petition is filed by the plaintiff in O.S.No.573 of 2008 of the court of learned Munsiff, Pathanamthitta. That is a suit for partition. According to the petitioner properties belonged to Varghese who died interstate on 15-01-1966. Respondent No.3 is the State Bank of Travancore from which respondent No.2 is said to have availed a loan on the strength of equitable mortgage of the suit property. Petitioner disputed validity of the equitable mortgage and hence respondent No.3 is also made a party in the suit. In the meantime respondent No.3 filed O.A.No.140 of 2000 in the Debt Recovery Tribunal, Ernakulam (for short, “the Tribunal”) for realisation of amount by sale of mortgaged property. Petitioner filed I.A.No.2895 of 2008 in O.S.No.573 of 2008 for an order of temporary injunction to restrain respondent No.3 from alienating the suit property. Grievance of petitioner is that I.A.No.2895 of 2009 has not so far been disposed of. But in the meantime respondent No.3 is proceeding against the property for sale in the Tribunal. Petitioner therefore seeks a W.P.C.No.22162 of 2010 : 2 : direction for early disposal of I.A.No.2895 of 2008 and to prevent confirmation of sale of property effected by the Tribunal until disposal of O.S.No.573 of 2008. There is also a prayer that the Tribunal may be directed to adjudicate upon the claim petition preferred by petitioner. Learned counsel for respondent No.3 contends that application sought to be disposed of now was filed in the year 2008 and is posted along with the suit. Had there been a request from petitioner for early disposal that application would not have been posted for disposal with the suit. Hence there is no point in now seeking for early disposal of the application. It is also submitted by learned counsel that property is already sold in auction in the Tribunal and it awaits confirmation. Learned counsel submits that any order passed by this court may not stand in the way of the Tribunal proceeding with the proceeding before it. 2. Having heard counsel on both sides I do not find any reason to interfere with the proceeding pending before the Tribunal. That proceeding will takes its course but, now that petitioner wants early disposal of I.A.No.2895 of 2008, it is only proper that learned Munsiff disposed of that W.P.C.No.22162 of 2010 : 3 : application. Resultantly this writ petition is disposed of directing learned Munsiff to dispose of I.A.No.2895 of 2008 in O.S.No.573 of 2008 at the earliest. I make it clear that I have not gone into the merit of claim made in I.A.No.2895 of 2008 which is a matter which learned Munsiff has to consider. THOMAS P JOSEPH JUDGE Sbna/