IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31616 of 2009(O) --------------------------------------- IA. NO.5269/2009 IN OS.868/2008 OF SUB COURT,ERNAKULAM. .................... PETITIONER: ------------------- SUNDARAM BNP PARIBAS HOME FINANCE LTD., 2ND FLOOR, ELIZABETH ALEXANDER MEMORIAL BUILDING, DOOR NO.XI/3597, SHANMUGHAM ROAD, COCHIN-682 031, REPRESENTED BY P.N.ANOOP, SENIOR OFFICER- RECEIVABLE (LEGAL)/AUTHORISED OFFICER/POWER OF ATTORNEY HOLDER. BY ADVS. MR.M.P.RAMNATH, MR.P.RAJESH KOTTAKKAL. RESPONDENTS: ------------------------ 1. GEORGE CHERIAN, S/O.K.G.VARGHESE, AGED 69 YEARS, HOUSE NO.33/3139B VENNALA KARAYIL, EDAPALLI SOUTH VILLAGE, VENNALA P.O., ERNAKULAM DISTRICT. 2. THOMAS GEORGE, S/O.K.M.GEORGE, AGED 38 YEARS, KUZHUVELLIL HOUSE, NEAR ETTUKATTU TEMPLE, ELAMAKKARA P.O., COCHIN-682 026 AND PROPRIETOR, K.THOMAS & COMPANY, 38/1882 MAVELI ROAD, GANDHI NAGAR, KADAVANTHRA, COCHIN-682 020. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, ALONG WITH W.P.(C). NO. 31595/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.31616 OF 2009 -------------------------- Dated this the 6th day of November 2009 ------------------------------------- JUDGMENT Petitioner is a non banking financial institution advancing loans for various purposes. In respect of a mortgage property taken by the company as security for a housing loan, in a suit filed by a third party as O.S No.868 of 2008 before the Sub Court, Ernakulam an attachment over that mortgage property had been passed is the case of the petitioner. An application was moved in the above suit by the petitioner for lifting the attachment or passing of appropriate orders declaring his first charge over the property. Though the application was filed three months before, it is yet to receive consideration from the court is the grievance espoused for issuing directions/orders to the court below for disposal W.P.(C).No.31595 OF 2009 Page numbers of that application expeditiously. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the learned Sub Judge Ernakulam to dispose of Ext.P3 application as expeditiously as possible at any rate before the closing of the courts for the mid summer vacation in 2010. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv