IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 3963 of 2010(O) -------------------------------------- O.S.170/2007 OF 1ST ADDL. SUB COURT, ERNAKULAM. .............. PETITIONER(S): ----------------------- M/S.LIC HOUSING FINANCE LTD., REP. BY ITS AUTHORIZED OFFICER, 9TH FLOOR, JEEVAN PRAKASH, LIC DIVISIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV. MR.V.VENUGOPALAN NAIR RESPONDENT(S): ------------------------- JANE JOSEPH, AGED 49, W/O.JOSEPH GEORGE, RESIDING AT 'KANNITTA', SAKTHIKULANGARA P.O., KOLLAM, REP. BY HER POWER OF ATTORNEY HOLER MR.JOSEPH GEORGE, 'KANNITTA', SAKTHIKULANGARA P.O., KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.BHAVADASAN, J. ------------------------------------- WP(C) No.3963 of 2010-O ------------------------------------- Dated 17th February 2010 Order In this petition filed under S.227 of the Constitution of India, the petitioner prays for a direction to the Court below to hear and dispose of Ext.P1 petition within a time limit fixed by this Court. 2. The respondent in this petition has instituted OS No.170/07 against the petitioner before the Additional Sub Court, Ernakulam, challenging the proceedings under the SARFESI Act. On receipt of summons, the petitioner entered appearance and pointed out that the said suit is not maintainable. It is claimed that an I.A. was filed praying to consider the question of maintainability first. Since that was not being done, the petitioner approached this Court, praying for appropriate reliefs. 3. At the time of hearing, the learned counsel for the petitioner pointed out that the report of the Lower Court WPC 3963/10 2 is that no such petition is seen filed and therefore, the question of directing consideration of such petition does not arise. However, the petitioner is given liberty to move such a petition and the Court shall consider the same in accordance with law as expeditiously as possible. The Court shall consider the question of maintainability of the suit, at the first instance. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 3963/10 3