IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 19247 of 2008(N) -------------------------- E.P.No.738 of 2003 in OS.493/2001 of PRINCIPAL SUB COURT,ERNAKULAM IP.6/1999 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: ------------ MRS.KANAKAMMA, W/O.PRAKASHAN, RESIDING AT H.NO.III/449, MANIYANTHARA, MULAVUKAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.A.L.GEORGE RESPONDENTS: ------------- 1. SUKUTHAN, S/O.MADHAVAN, KUTTATHARA HOUSE, HOUSE NO.III/151, PONNARIMANGALAM, MULAVUKAD, ERNAKULAM DISTRICT. 2. THE KANAYANNOOR CO-OP.AGRICULTURAL RURAL BANK LTD.NO.E/326, REP. BY ITS SECRETARY, PALARIVATTOM. 3. THE OFFICIAL RECEIVER OF THE IST ADDL.SUB COURT, ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.19247 of 2008 ------------------------------- Dated this the 30th June, 2008. J U D G M E N T Petitioner is the decree holder in O.S.No.493 of 2001, on the file of the First Additional Sub Court, Ernakulam. E.P.No.738 of 2003 was filed for realisation of the decree debt by sale of the property. Under Ext.P3 order, learned Sub Judge closed the execution petition after lifting the order of attachment finding that judgment debtor has already been adjudged insolvent and official receiver was appointed who had taken possession of the property. This petition is filed under Article 227 of the Constitution of India to quash that order and also for a direction to second respondent to file a fresh suit against first respondent to recover the amount due to the bank. 2. The learned counsel appearing for the petitioner was heard. 3. The learned counsel appearing for the petitioner submitted that in view of Section 11 of the Insolvency Act, petitioner is advised to file a petition before Sub Court, Ernakulam, and the W.P.(C) No.19247 of 2008 2 learned Sub Judge may be directed to dispose the petition, in accordance with law. The writ petition is disposed. Learned Sub Judge to dispose the application, in accordance with law, if any is filed by the petitioner, as provided under Section 11 of the Insolvency Act. M.SASIDHARAN NAMBIAR, JUDGE nj.