IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 4317 of 2007(L) ------------------------------------------ EA.15/04 IN OS.218/1975 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: K.M.VARGHESE, AGED 56, S/O. LATE MARKOSE, KALLOORAKATHU, ELAPPULLY, PALAKKAD. BY ADV. SRI.P.K.JOSEPH RESPONDENTS: 1. STATE BANK OF TRAVANCORE, REP. BY THE MANAGER OF ITS PALAKKAD BRANCH, KOPPAM DESOM, PALAKKAD. 2. VICTORY PAPER AND BOARDS (INDIA)LTD., KUNNAMKULAM, REP. BY ITS CHAIRMAN. 3. K.M.KUNJUMON, AGED 58, S/O. LATE MARKOSE, KALOORAKATHU, ELAPPULLY, PALAKKAD. 4. MARY MARKOSE, AGED 62, D/O. DO. DO. 5. AMMINI MARKOSE, AGED 64, D/O. DO. DO. 6. SANTHAMMA MARKOSE, AGED 53, D/O. DO. DO. 7. BIJU GEORGE, AGED 37, S/O. K.M.ALEYAMMA, KALLOORAKATHU, ELAPPULLY, PALAKKAD. 8. ASHA GEORGE, AGED 34, D/O. K.M.ALEYAMMA, JAGATHY, THIRUVANANTHAPURAM. 9. BINU KURIAN, AGED 33, S/O. K.M.KURIAN, BINU NIVAS, SALAHALLY, BANGALORE, KARNATAKA STATE. ADV. SRI.SATHISH NINAN FOR R1 SRI.SANTHOSH MATHEW FOR R1 SRI.J.JULIAN XAVIER FOR R2 SRI.FIROZ K.ROBIN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.4317 of 2007 L -------------------------- JUDGMENT Heard counsel on both sides. Counsel for the petitioner submits that E.A.No.15/04 praying for restitution is pending for the last about four years though the sale was set aside as per judgment in C.M.A.No.178/93; that the petitioners are deprived of the enjoyment of the property and the decree holder/auction purchaser is taking benefit out of the property so purchased despite the sale having been set aside and that therefore, appropriate direction be given to the execution court to dispose of E.A.No.15/04 without clubbing it with any other application or the EP. Counsel for the respondents has no objection in such direction being given to the court below. 2. In the result, I direct the Sub Judge, Palakkad, before whom E.A.No.15/04 in O.S.No.218/75 is pending, to pass appropriate orders and dispose of the said EA positively within two months from WPC 4317/07 2 the date of receipt of a copy of this judgment. Counsel for the petitioners is directed to produce a copy of this judgment in the court below without further delay. The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioners urgently. 9th December, 2008 (K.P.Balachandran, Judge) tkv