IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Ex.FA.No. 53 of 2008() ---------------------- AGAINST THE ORDER DATED 22/05/2008 IN EA 661/07 IN EP 217/98 IN OS.134/1984 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT/2ND PETITIONER -------------------------------------------- SHIBI, D/O. SREEMATHI, MANALIL VEEDU, MANGADUCHERRY, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): RESPONDENTS & 1ST PETITIONER ------------------------------------------- 1. BRANCH MANAGER, CENTRAL BANK OF INDIA, SAKTHIKULANGARA BRANCH, KOLLAM. 2. SIVADASAN, KOOTTIL VEEDU, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM. 3. P.RAVEENDRAN, KOOTTIL HOUSE, SANKTHIKULANGARA, KOLLAM 4. C.SASIDHARAN, KOOTTIL HOUSE, SANKTHIKULANGARA, KOLLAM. 5. PRASAD, PLOT NO.56, ZONE 1, M.P.NAGAR, BHOPAL, MADHYAPRADESH. 6. SANTHOSH KUMAR, FROM KOOTTIL HOUSE, SAKTHIKULANGARA, KOLLAM. NOW RESIDING AT KOLENCHERRY P.O. ERNAKULAM BY SRI.DEVAN RAMACHANDRAN,SC,CENTRAL BANK OF INDIA THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - Ex.F.A.No.53 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2008 JUDGMENT It is submitted by Sri.S.Santhosh Kumar that no order of attachment has been issued by the court below against the property in respect of which the claim has been lodged under Order XXI Rule 58. Thus the claim petition filed under Order XXI Rule 59 was clearly not maintainable in law. For the above reason, I do not find any reason for interfering with the impugned order. The first appeal will stand dismissed. However, on consideration of equity, there will be a direction that the interim order passed on 6/10/2008 that the execution court will ensure that no property other than the decree schedule property will be sold in execution will be continued. PIUS.C.KURIAKOSE JUDGE sv.