IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 23694 of 2008(U) -------------------------- AGAINST THE ORDER DATED 03/07/2008 IN EP.94/89 IN OS.23/1980 of SUB COURT,KOTTARAKKARA .................... PETITIONER: ----------------- C.G.THANKACHAN S/O.GEORGE, CHARACKAL PUTHEN VEEDU, UMMANNOOR P.O., KOTTARAKKARA. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENTS: ---------------------- 1. THE SOUTH INDIAN BANK LIMITED, REPRESENTED BY ITS DEPUTY GENERAL MANAGER REGISTERED OFFICE, TRISSUR. 2. M/S. CHITRAS, TEXTILE DEALERS, MAIN ROAD, MARTHANDAM K.K.DISTRICT, TAMIL NADU 3. S.RAMANUJAN TEXTILE DEALER, S/O.SREENIVASA REDDIAR SREENIVAS, JAYANTHA STREET,R.V.PURAM, NAGERCOIL-1 TAMILNADU 4. LAKSHMI D/O.PANKAJAMMAL, S.L.B. SOUTH ROAD NAGERCOIL-1 TAMILNADU 5. DEVAKI D/O.PANKAJAMMAL, S.L.B. SOUTH ROAD NAGERCOIL-1 TAMILNADU 6. RAJESWARI D/O.PANKAJAMMAL, S.L.B. SOUTH ROAD NAGERCOIL-1 TAMILNADU 7. KANNAN S/O.SREENIVASA REDDIAR BOMBAY DYEING DEALER, MAIN ROAD, MARTHANDOM, TAMILNADU 8. VENI, D/O. PANKAJAMMAL, CHITRAS CLOTH STORES MAIN ROAD, MARTHANDOM, TAMILNADU BY ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN BANK FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 23694 OF 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : PHOTOCOPY OF THE JUDGMENT IN O.S. 23/80 DATED 21.12.1985 EXHIBIT P2 : PHOTOCOPY OF ORDER DATED 20.8.2004 IN E.A. NO. 60/0360/03 & 61/03 IN E.P. 94/89 EXHIBIT P3 : PHOTOCOPY OF SALE PROCLAMATION SCHEDULE DATED 13.12.2004. EXHIBIT P4 : PHOTOCOPY OF JUDGMENT DATED 07.6.07 IN WP.C..1971/05(I) EXHIBIT P5 : PHOTOCOPY OF SETTLED SALE PROCLAMATION DATED 22.05.2008 EXHIBIT P6 : PHOTOCOPY OF ORDER DATED 03.7.2008 IN E.P. 94/89 EXHIBIT P7 : PHOTOCOPY OF RULE 66 NOTICE DATED 24.7.2008. /TRUE COPY/ P.A. TO JUDGE. vkm M. SASIDHARAN NAMBIAR, J ---------------------------------- W.P.(C) No. 23694 OF 2008 ---------------------------------------------- Dated this the 29th day of August, 2008 J U D G M E N T Petitioner is the additional 7th respondent in E.P. 94 of 1989 in O.S.No. 23 of 1980 on the file of the Subordinate Judge's Court, Kottarakkara. As per Ext. P4 judgment in W.P.(C) No. 1971 of 2005 filed by the petitioner, this Court directed first respondent decree holder Bank to simultaneously proceed against the properties belonging to judgment debtors 1 to 5 and also to consider a representation to be submitted by the petitioner for a final settlement of the liabilities of the legal heirs of defendants 5 and 6 under the decree. This Writ Petition is filed under Article 227 of the Constitution of India to quash Ext. P6 order where under the executing court directed proclamation and sale of the property of the petitioner alone. 2. Learned counsel appearing for the petitioner and learned counsel for respondents were heard. 3. Learned counsel appearing for the decree holder Bank submitted that by mistake the decree holder proceeded only against W.P.(C)No. 23694 OF 2008 -2- the property of the petitioner without taking note of the directions of Ext. P4 judgment. When this Court directed in Ext. P4 judgment to simultaneously proceed against the properties of the Judgment Debtors 1 to 5, decree holder is not entitled to proceed against the property of the petitioner alone. In such circumstance, Ext. P6 order is quashed. Executing Court is directed to proceed as directed in Ext. P4 judgment. M. SASIDHARAN NAMBIAR, JUDGE vkm