IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 29741 of 2009(O) -------------------------- AGAINST THE ORDER IN EA.142/2009 IN EP.47/2006 IN OS.86/2004 of SUB COURT, THIRUVALLA .................... PETITIONER(S): --------------- RECHEL SAMUEL, W/O. FR.GEEVARGHESE SAMUEL, PLOT NO.E-14 18, KUTTAPPUZHA HOUSING SOCIETY, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.R.GIREESH VARMA RESPONDENT(S): --------------- 1. T.V.SASIDHARAN NAIR, CHUTTIPARAMBIL SREE GANESHAN HOUSE, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK. KULLAPPUZHA P.O. 2. GEORGE P.SAMUEL, PLOT NO.E 4A-18, HOUSING SOCIETY, KUTTAPPUZHA VILLAGE, KULLAPPUZHA.P.O. THIRUVALLA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.29741 OF 2009 (O) ----------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T Petitioner has filed a claim petition under Order XXI Rule 58 of the Code of Civil Procedure in respect of the property attached to proceed for proclamation and sale in E.P.No.47 of 2006 in O.S.No.86 of 2004 on the file of the Sub Court, Thiruvalla. The judgment debtor in the above execution petition is the son of the petitioner and over the property attached in the proceedings, as exclusively belonging to her son, she too has got joint right, is the basis of her claim. Her application is not being taken up for consideration, but, the court is proceeding for settling the proclamation and for sale of the attached property is the grievance espoused for issuing a writ/direction or order to the execution court for consideration of her petition, invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. WPC.29741/09 2 2. I heard the learned counsel for the petitioner. Through the Registry, it was ascertained as to the present stage of the claim petition filed by the petitioner in respect of the attached property. It has been reported that the petition is posted along with the execution petition. It is also reported that sale of the property is fixed on 19.11.2009. I direct the court below to consider and dispose the claim petition moved by the petitioner before conducting the sale of the property. In case, the execution court finds that the claim petition does not call for an adjudication as meritless, it can pass appropriate orders for its rejection and then proceed with the sale. Otherwise, in case any adjudication on the claim is called for, sale has to be conducted only after disposing the claim petition and it has to be done as expeditiously as possible at any rate within a period of four weeks from the date of receipt/production of a copy of this judgment. Writ petition is accordingly disposed of. S.S.SATHEESACHANDRAN JUDGE prp WPC.29741/09 3