IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 17392 of 2010(O) -------------------------- AGAINST THE ORDER IN IA 4776/2010 IN OS.685/2006 of PRL.SUB COURT,THRISSUR .................... PETITIONERS: --------------- 1. P.I.CICILY,AGED 50 YEARS, W/O.SIMON.C.L,RESIDING AT CHANDY HOUSE,AATRORE, KUTTOOR.P.O,THRISSUR. 2. SIJO GEORGE,AGED 34 YEARS,S/O.SIMON.C.L, RESIDING AT CHANDY HOUSE,AATTORE,KUTTOOR.P.O, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: --------------- 1. CICILY KURIAN,W/O.LATE.C.L.KURIAN, RESIDING AT CHANDY HOUSE,AATTORE,KUTTOOR.P.O, THRISSUR. 2. THE OFFICIAL RECEIVER, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.17392 of 2010 ==================================== Dated this the 4th day of June, 2010 J U D G M E N T Writ petitioners are defendant Nos.2 and 3 in O.S.No.685 of 2006 of the court of learned Principal Sub Judge, Thrissur, a suit filed by respondent No.1 for dissolution of partnership (defendant No.1) and for rendition of accounts. Respondent No.1 filed an application to appoint official receiver as receiver to take possession of property of the firm. Petitioners filed written statement and objection to the said application. On 31-05-2010 official receiver inspected premises of the firm and took possession of its properties as per the direction of court. On enquiry petitioners came to know that they were set ex parte on 05-04-2010 as their counsel reported no instruction and official receiver was appointed. Thereon petitioners filed Ext.P7, application to set aside the ex parte order against them. That application is pending consideration. The prayer in this writ petition is to direct learned Sub Judge to expedite disposal of Ext.P7, application and in the meantime stay of operation of order appointing official receiver. Learned counsel contends that W.P(C) No.17392 of 2010 -: 2 :- official receiver has already taken possession of the property and petitioners are not able to run the business. 2. In so far as no request for stay of operation of the order appointing receiver was made in the court below, I do not think it necessary to grant stay of operation in this writ petition. But I direct learned Sub Judge to dispose of Ext.P7, application filed by petitioner to set aside the ex parte order as expeditiously as possible. With the above direction the writ petition is disposed of. THOMAS P. JOSEPH, JUDGE. Sbna/-