IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7313 of 2010(O) ------------------------- (OS.NO.955/2009 OF SUB COURT,ERNAKULAM) .................... PETITIONER: ------------------- SHRI.V.K.KARTHIKEYAN, AGED 53, S/O.KUNJU PILLAI, KOMPARA HOUSE, IRUMPANAM DESOM, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADVS. MR.VARGHESE C.KURIAKOSE, MR.ADEEP ANWAR, MR.ARJUN S.RAJ. RESPONDENTS: ------------------------ 1. BASIL VARGHESE, AGED 43, S/O.VARGHESE, BLAYIL HOUSE, CHOTTANIKKARA, KUREEKADU. 2. GEORGE, AGED 64, S/O.CHACKO, KATTUPADATH HOUSE, RESIDING AT PERINGATT, KADUNGAMANGALAM, KUREEKADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.7313 of 2010-O ------------------------------------- Dated 8th March 2010 Judgment The only prayer made in this Writ Petition is for a direction to the Principal Sub Court, Ernakulam to stay the operation of the attachment order passed by that Court in IA No.9280/09 in OS No.955/09 in respect of the property covered by Ext.P1 claim petition. 2. The petitioner filed IA No.945/10 in IA No.9280/09 in OS No.955/09 before the Sub Court, Ernakulam in relation to a property which was attached in the suit. A copy of the said petition is produced as Ext.P1. OS No.295/95 has been filed by the first respondent against the second respondent, seeking recovery of money. In the suit, an attachment was sought for by the plaintiff and attachment was ordered as prayed for. The petitioner has narrated several other details of the suit, in this Petition. Whatever that be, since he has preferred a petition, agitating his claim and it is only proper that the WPC 7313/10 2 Court below adjudicates the same. 3. In the light of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to issue notice to the respondents. The petitioner submits that due to the delay in disposing of the petition, he is put to considerable difficulties. He asserts that the second respondent has no manner of right over the suit property. Considering the facts and circumstances of the case, it is only just and proper for this Court to direct the Court below to dispose of the claim petition as expeditiously as possible. Accordingly, this Writ Petition is disposed of directing the Sub Court, Ernakulam to take up IA No.945/10 in IA No.9280/09 in OS No.955/09 and dispose of the same in accordance with law after giving an opportunity to the petitioner to substantiate his claims, within two weeks from the date of receipt of a copy of this Judgment. P.BHAVADASAN, JUDGE WPC 7313/10 3 sta WPC 7313/10 4