IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 OP(C).No. 3795 of 2011(O) ------------------------- EP.265/2010 IN OS.569/2001 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER (S): ------------------------------ MRS.JASMINE LLOYD @ FELCY LLOYD, AGED 41 YEARS, W/O. LATE LLOYD K.FRANCIS, KALAPPURACKAL HOUSE, EDAKOCHI, KOCHI-6. BY ADV. SRI.V.DIPU RESPONDENT(S): --------------- K.G.JOSSEY, S/O. GEORGE, KADAVILPARAMBIL HOUSE, AROOR, ALAPPUZHA DISTRICT, PIN-688 534. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3795/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE ATTACHMENT SCHEDULE DTD.6.10.2010 IN EP NO.265/10 OF THE PRINCIPAL SUB COURT, ERNAKULAM. EXT.P2 : TRUE COPY OF THE ATTACHMENT SCHEDULE DTD.20.6.2011 FILED IN IN EP NO.265/10 OF THE PRINCIPAL SUB COURT, ERNAKULAM. EXT.P3 : TRUE COPY OF THE BUILDING TAX RECEIPT DTD.13.4.2010 ISSUED BY THE CORPORATION OF KOCHI. EXT.P4 : TRUE COPY OF THE CLAIM PETITION DTD.8.8.2011 FILED IN EP NO. 265/2010 OF THE PRINCIPAL SUB COURT, ERNAKULAM. EXT.P5 : TRUE COPY OF INVENTORY PREPARED BY THE AMEEN. EXT.P6 : TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITION'S MOTHER DATED 10.10.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3795 of 2011 -------------------------------------- Dated this the 22nd day of November, 2011. JUDGMENT Petitioner is daughter of the claim petitioner in E.P.No.265 of 2010 in O.S.No.569 of 2001 of the court of learned Principal Sub Judge, Ernakulam. Respondent obtained a decree against the brother of petitioner for recovery of money and certain movables allegedly belonging to the judgment debtor were sought to be attached. At that stage, mother of petitioner and judgment debtor made a claim that movables sought to be attached and kept in the building in question belonged to her. Ext.P4, claim petition was dismissed for default on 03.11.2011. The next day, mother of petitioner filed E.A.No.1364 of 2011 for restoration of the claim petition. That petition is posted on 29.11.2011. In the meantime, attempt was made by the respondent to get the movables attached and removed from the building which included a micro wave oven allegedly purchased by the husband of petitioner who is no more. In this proceeding the prayer is to direct learned Principal Sub Judge to release the movables mentioned in Ext.P5, inventory to the petitioner and her mother on executing a kacheet till disposal of Ext.P4, claim petition. It is also prayed that learned Principal Sub Judge may be directed to stay further proceedings in E.P.No.265 of 2010 in O.S.No.569 of 2001 till the claim petition is disposed of. OP(C)No.3795/2011 2 2. These are matters which parties concerned should bring to the notice of the executing court. It is not as if in such situation parties should rush to this Court and seek invocation of power under Article 227 of the Constitution of India. I make it clear that the parties concerned can move the executing court for appropriate relief and if any such request is made, executing court shall consider the request as early as possible having regard to the various contentions petitioner and her mother may have raised and pass appropriate orders. With the above directions this Original Petition is disposed of. THOMAS P.JOSEPH, Judge. cks