IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 OP(C).No. 256 of 2011(O) ------------------------------------ OS.172/2010 of SUB COURT, TIRUR .................... PETITIONER: -------------------- FIROZ ALAVI, S/O.AHAMMAD HAJI, THAZHATH VEETTIL, O.K. MURI. P.O., KOOTTALLUR, MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): -------------------------- 1. M/S.MARS FINANCE, NO.53, ERULAPPAN STREET, SOWCARPET, CHENNAI-600 079, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SHAJAHAN, SAFETY AUTO CONSULTANTS, PAYYANANGADI, THIRUR.P.O., MALAPPURAM DISTRICT. PIN-676 101. 2. MUHAMMED SHAFI, S/O.BEERAN, TRIPRAM HOUSE, ANAPADI, MALAPPURAM, PIN-676 505. *ADDL. R3 IMPLEADED ADDL. R3: SHAUKATH ALI, SON OF ASAINAR, VADAKKATHAKATH HOUSE, KATTACHIRA, KOTTARAM, B.P. ANGADI, TIRUR. * ADDL. R3 IS IMPLEADED AS PER ORDER DATED 20/01/2011 IN I.A.NO.1092/2011. R1 BY ADV. SRI.ANIL SIVARAMAN, SMT.APARNA RAJAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 256 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE OF BUS NO.KL-3N-3908 STANDING IN THE NAME OF THE PETITIONER. EXT.P2: COPY OF THE PROCEEDINGS THE RTA, MALAPPURAM HELD ON 24/06/2010 RELATING TO ITEM NO.80. EXT.P3: COPY OF THE PROCEEDINGS NO.131448/2010 DATED 14/10/2010 OF THE REGIONAL TRANSPORT OFFICER, MALAPPURAM ISSUED NOC. EXT.P4: COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT BEFORE THE SUB COURT, TIRUR IN O.S. NO.172/2010 FOR EFFECTING ATTACHMENT BEFORE JUDGMENT OF BUS NOS.KL-3N-3908. EXT.P5: COPY OF THE APPLICATION DATED 20/10/2010 MADE BY THE PETITIONER BEFORE SUB COURT, TIRUR IN O.S. NO.172/2010. EXT.P6: COPY OF THE APPLICATION DATED 25/11/2010 FILED BY THE PETITIONER IN O.S.NO.172/2010 BEFORE THE SUB COURT FOR AN APPOINTMENT OF AN ADVOCATE COMMISSIONER. EXT.P7: COPY OF THE JUDGMENT MADE IN O.P. NO. 954/2010 DATED 02/12/2010 BY THIS HONOURABLE COURT. EXT.P8: COPY OF THE ORDER PASSED BY THE SUB COURT, TIRUR IN I.A.NO.4388/2010 IN O.S.NO.172/2010 DATED 22/12/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs K.T.SANKARAN, J. ------------------------------ O.P(C).No.256 OF 2011 ------------------------------ Dated this the 1 st day of February, 2011 JUDGMENT The first respondent filed O.S.No.172 of 2010 on the file of the Court of Subordinate Judge of Tirur against the second respondent and another for realisation of money. A vehicle bearing registration No.KL-3N-3908 was attached before judgment in the suit. The petitioner filed an application claiming that the vehicle was purchased by him from the second respondent before the institution of the suit. The permit in relating to the vehicle was also transferred to the name of the petitioner. The vehicle was released on Kaichit to a third party on effecting the attachment. The petitioner filed an application to release the vehicle to him. 2. The second respondent, who is the first defendant in the suit, contended that the Sub O.P(C).No.256 OF 2011 2 Court, Tirur, has no territorial jurisdiction to entertain the suit. The Sub Court, Tirur accepted that contention and the plaint was returned for presentation before the proper court. However, the order of attachment was not vacated and the vehicle was not released. The petitioner filed O.P.No.954 of 2010 pointing out the grievance that the trial court did not pass any order for releasing the vehicle. OP No.954 of 2010 was disposed of as per the judgment dated 2 nd December, 2010 directing the Sub Court, Tirur to consider the contention of the petitioner. The petitioner was permitted to urge all his contentions before the Sub Court, Tirur. 3. Thereafter, the learned Subordinate Judge passed an order dated 22 nd December, 2010 lifting the attachment ordered as per I.A.No.2591 of 2010. The grievance of the petitioner is that though the attachment was lifted, consequential order for releasing the vehicle was not passed. O.P(C).No.256 OF 2011 3 4. The vehicle is in the possession of a third party. The reliefs prayed for in the Writ Petition are the following: i) Direct the Sub Court, Tirur to ascertain the present condition of Bus No.KL-3N-3908 by appointing an Advocate Commissioner. ii) Direct the Sub Court, Tirur to release bus No.KL-3N-3908 attached in connection with O.S.No.172 of 2010 to the petitioner after ascertaining the present condition of the vehicle. And iii) To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice. 5. The reliefs prayed for as such cannot be granted. However, it is necessary to issue a direction to the Sub Court, Tirur to pass appropriate orders for release of the vehicle. Since the order of attachment was lifted, the person to whom possession was given on kaichit should be directed to produce the vehicle before the Court. The Sub Court, Tirur shall pass appropriate orders taking into account the O.P(C).No.256 OF 2011 4 contentions raised by all the parties as to whom the vehicle should be released. The Sub Court, Tirur shall pass appropriate orders within a period of one month from the date of receipt of a copy of the judgment. The Original Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms