IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 31485 of 2009(O) -------------------------- AGAINST THE ORDER DATED 06/10/2009 IN EP 100/2005 IN OS.598/2002 of PRINCIPAL SUB COURT,KOCHI .................... PETITIONER: --------------- C.F.JOHNSON, AGED 59 YRS., S/O.LATE C.A.FRANCIS, CHUNGATH HOUSE, PANAYAPPILLY, KOCHI. BY ADV. MR.A.T.ANILKUMAR MS.V.SHYLAJA RESPONDENTS: --------------- 1. M/S.FAMILY PLASTICS & THERMOWARE, PLOT NO.54, INDUSTRIAL DEVELOPMENT PLOT, MONIVILLA, KULATHOOR, THIRUVANANTHAPURAM, REP. BY ITS PARTNER. 2. DANIEL.A.FERNANDEZ, S/O.LATE ALIAS FERNANDEZ, JASINTHA, PLOT 42, SHORE-E-PUNJAB, CO-OP.HSG SOCIETY, MAHAKALI CANES ROAD, ANDHERI (E), RESIDING AT LILLY VILLA, KADAKKOM, CHIRAYINKIL, THIRUVANANTHAPURAM. 3. FRANCIS D.FERNANDEZ, S/O.LATE ALIAS FERNADEZ, JASINTHA, PLOT 42, SHORE-E PUNJAB, CO-OP.HSG SOCIETY, MAHAKALI CANES ROAD, ANDHERI (E), RESIDING AT LILLY VILLA, KADAKKOM, CHIRAYINKIL, THIRUVANANTHAPURAM. ADV. MR.N.HARIDAS FOR R1,2 MR.P.N.SASIDHARAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.31485 of 2009 - O --------------------------------- Dated this the 2nd day of December, 2009 J U D G M E N T Learned counsel for the petitioner submits that the learned Sub Judge had posted the case for hearing and settling he proclamation on 23.11.2009, reviewing the order which has been challenged in the writ petition. Thought I do not approve of the procedure followed by the court in reviewing the order impugned in the writ petition when the matter is pending before this Court having regard to the fact that the order challenged arise from the execution proceedings to avoid further delay in its completion, I find the writ petition deserve only to be closed. Learned counsel for the respondent/decree holder, however, requested for fixing time limit for completion of the execution proceedings. I direct the court below to give top priority to the execution petition and make every endeavour to complete it as expeditiously as possible. Writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-