IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 OP(C).No. 3483 of 2011(O) -------------------------------------- IP.NO.3/1100(M.E) of ADDL.SUB COURT,KOLLAM .................... PETITIONER -------------------- SUHRA HARIS KOYA, W/O.LATE HARIS KOYA, VAYALIL HOUSE, BIG BAZAR, KOLLAM. BY ADV. SMT.S.KARTHIKA RESPONDENT(S): -------------------------- 1. KURUPASWAMI PILLAI GOPALAKRISHNA PILLAI, LALITHALAYAM, MUNDAKKAL, PATTATHANAM, KOLLAM-PIN-691 001. 2. MR.E.SHANAVAS KHAN, ADVOCATE RECEIVER, DISTRICT COURT, KOLLAM-PIN-691 001. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.3483/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE ORDER DATED 13-8-2002 IN IA. 1742/02 IN IP 3/1100 (M.E.). EXHIBIT P2: TRUE COPY OF THE ORDER DATED 7-2-2003 IN IA. 388/2003 IN IP 3/1100 (M.E.) EXHIBIT P3: TRUE COPY OF THE ORDER DATED 23-9-2002 IN IP. 3/1100 (ME). EXHIBIT P4: TRUE COPY OF IA. 4312/2007 IN IP. 3/1100(M.E). RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3483 of 2011 -------------------------------------- Dated this the 2nd day of November, 2011. JUDGMENT Petitioner is one of the legal heirs of Koyakunju, the original debtor against whom his creditors filed I.P.No.3 of 1100 ME. in the court of learned Additional Sub Judge, Kollam. It is stated that the properties of the said Koyakunju were taken possession by the Official Receiver. The said Koyakunju was declared insolvent. Later he died. It further stated in this Original Petition that on 23.11.1960 the insolvency was annulled. The legal heirs of the original debtor numbering more than 100 were brought on record. The properties are in the possession of the Official Receiver. Entire properties are not returned to the legal heirs. It is pointed out that the learned Sub Judge passed Ext.P3, order on 23.09.2002 issuing directions to the Official Receiver. Grievance is that the said order has not been complied fully. Learned counsel submits that certain properties are now in the possession of strangers and that the Official Receiver has to recover and handover the same to the legal heirs of the original debtor. Petitioner filed Ext.P4, application in this regard but, that application has not so far been disposed of. Hence this petition seeking a direction to the learned Sub Judge for time bound disposal of Ext.P4, application. OP(C)No.3483/2011 2 2. Without understanding the stage at which the proceedings are now pending and the nature of contentions involved, I do not consider it necessary or proper to issue any direction for time bound disposal. But the proceedings have to be expedited since the insolvency proceedings are initiated in the year, 1100 ME. Ext.P4, application is dated 10.10.2007. If it is not already disposed of the same also is to be disposed of at the earliest. Resultantly this Original Petition is disposed of directing the learned Additional Sub Judge, Kollam to expedite the proceedings in I.P.No.3 of 1100 ME. and dispose of Ext.P4, application dated 10.10.2007 (if it is not already disposed of) if steps on that application are over and there is no legal impediment in its disposal, as early as possible bearing in mind that the insolvency petition is pending from 1100 ME. onwards. THOMAS P.JOSEPH, Judge. cks