IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).NO. 22062 OF 2010(O) ------------------------------------------ AGAINST THE ORDER IN ARC.1292/2006 IN EP.33/2008 OF SUB COURT, QUILANDY .................... PETITIONER(S): ------------------------ VATTAKUNIYIL KANNAN, S/O. KANARAN, THARAMMAL, AYANIKKAD AMSOM DESOM, KOYILANDY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------------------------- THE SECRETARY, PAYYOLI SERVICE CO-OPERATIVE BANK LTD., P.O.PAYYOLI, KOZHIKODE, PIN-673523. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22062 of 2010 ==================================== Dated this the 15th day of July, 2010 J U D G M E N T Petitioner is judgment debtor in E.P. No.33 of 2008 of the court of learned Sub Judge, Koyilandy where Award passed by the Assistant Registrar in ARC No.1292 of 2006 is being executed and property of petitioner is being proceeded against. According to the petitioner since the Kerala Co-operative Societies Act provides for execution of Awards passed by the authorities referred to therein, civil court has not jurisdiction to execute the Award and hence the execution petition is not maintainable. That is a contention which petitioner has to urge before the executing court and invite a decision at the first instance. There is no reason why this Court should consider maintainability of the execution petition at the first instance. Concededly petitioner has not preferred any objection before the executing court. Proper course open to the petitioner to raise his objection as to executability of the Award before learned Sub Judge. W.P(C) No. 22062 of 2010 -: 2 :- Without prejudice to the right of petitioner to challenge maintainability of the execution petition and executability of the Award before the learned Sub Judge, this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv