IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 OP(C).No. 674 of 2010(O) ---------------------------------- EP.601/2004 of SUB COURT, MAVELIKKARA .................... PETITIONER: ------------------- B.RAJASEKHARAN, F.F.2, HOUSE NO.201, VRINDAVAN HOUSING COLONY, PATTOM, THIRUVANANTHAPURAM. (NOW RESIDING AT SHYAM NIVAS, HOUSE NO.163 A, JAWAHAR NAGAR, KOLLAM). BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): ------------------------- M.P.CHANDRAN PILLAI, S/O. PARAMESWARAN PILLAI, MATTATHU VADAKKETHIL, PATHIYOORKALA, KEERIKKAD P.O., ALAPPUZHA DISTRICT-690 508. ADV. SRI.G.HARIHARAN FOR R1 SRI.PRAVEEN.H. FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: --------------------------------- EXHIBIT P1 TRUE COPY OF O.P(C) NO.393 OF 2010 FILED BY THE PETITIONER BEFORE THIS HONOURABLE COURT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 20.10.2010 OF THIS HONOURABLE COURT IN THE ABOVE OP(C). EXHIBIT P3 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE COURT BELOW UNDER ORDER XXI RULE 83 CPC. RESPONDENT'S EXHIBITS: ------------------------------------- EXHIBIT R1(A) TRUE COPY OF THE REPORT DATED 1.8.2007 O THE VILLAGE OFFICER, KAYAMKULAM. EXHIBIT R1(B) TRUE COPY OF THE ORDER OF THE JFCM-I KARUNAGAPPALLY ADDRESSED TO THE S.P. OF POLICE,KOLLAM REQUESTING EXECUTION OF WARRANT. EXHIBIT R1(C) A TRUE COPY OF THE NBW DATED 30.10.2010 ISSUED BY THE JFCM-I, KARUNAGAPPALLY AGAINST THE PETITIONER. EXHIBIT R1(D) TRUE COPY OF THE COMMON ORDER DTED 9.11.2010 PASSED IN E.A. NOS.325, 324 AND 326 OF 2010 IN E.P. NO.601 OF 2004 IN O.S. NO.347 OF 1996. EXHIBIT R1(E) TRUE COPY OF THE JUDGMENT IN EX.F.A. NO.102 OF 2009 DATED 4.12.009.] EXHIBIT R1(F) TRUE COPY OF NOTICE ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT. TRUE COPY THOMAS P.JOSEPH, J. ==================================== O.P(C) No.674 of 2010 ==================================== Dated this the 01st day of December, 2010 J U D G M E N T Petitioner is the judgment debtor in E.P. No.601 of 2004 in O.S. No.347 of 1996 of the court of learned Sub Judge, Mavelikkara. Though initially petitioner was set ex parte in the execution petition, learned counsel submits, the ex parte decree was set aside and petitioner was permitted to take part in the proceedings. When the property was brought up for sale petitioner filed Ext.P3, application under Rule 83 of Order XXI of the Code of Civil Procedure seeking permission for private sale of the property and to grant two months' time to raise the amount for discharge of liability. That application is not disposed of so far. 2. I have heard learned counsel for respondent also who submits that attempt of petitioner is to protract execution proceeding. 3. Prayer in this petition is only for a direction to the learned Sub Judge to expedite disposal of Ext.P3, application. O.P(C) No.674 of 2010 -: 2 :- Considering the contentions raised by either side I direct learned Sub Judge to dispose of Ext.P3, application as early as possible giving it top priority. Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv