IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 38267 of 2008(E) -------------------------- AGAINST THE ORDER IN EP. 435/2003 IN OS.347/1996 of SUB COURT, MAVELIKKARA .................... PETITIONER: ------------- CHANDRAN PILLAI, S/O.PARAMESWARAN PILLA, MATTATH VADAKETHIL, PATHIYOORKALA, KEERIKADU POST, VIA. KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ----------------- 1. RAJASEKHARAN, FF-2, H.NO.201, VRINDAVAN HOUSING COLONY, PATTOM, THIRUVANANTHAPURAM. 2. STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, BEECH ROAD, ALAPPUZHA. R2 BY SRI.K.K.CHANDRAN PILLAI, SC, SBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38267 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 JUDGMENT The Registry has got ascertained from the Sub Court, Mavelikkara the following details. 2. EP 435/03 is the execution petition filed on 05.12.03 and that was dismissed for want of steps on 16.12.04. Fresh execution petition was filed on 21.12.04 as EP No.601/04 on which Rule 22 notice was ordered and steps were completed by substitute service and the judgment debtor being absent was set ex parte, on 21.03.07; that on the same day, EA No. 37/07 was filed by the claim petitioner and that was dismissed on 17.11.08; that on the same day, namely, on 17.11.08, Rule 66 notice was ordered with a direction to take steps within 7 days and the case was adjourned to 02.02.09 awaiting return of notice. However, even as on this day, service is not complete. Sub Judge has informed that the matter will be disposed of within three months, if steps are completed. 3. The above details got ascertained from the Sub Judge through the Registry shows that execution could not progress only for WPC : 38267/08 -:2:- the reason that there is laches on the part of the decree holder and his counsel and not for the reason of any delay from the part of the court. Under such a circumstance, I refuse to issue any order in this writ petition limiting any time to dispose of the execution petition. Hence, this writ petition is dismissed recording the report of the Sub Judge that the matter will be disposed of within three months, if steps are completed. K.P.BALACHANDRAN, JUDGE ttb