IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21685 of 2010(O) -------------------------- AGAINST THE ORDER IN EP 89/2009,EA 300/2010 IN OS.43/2005 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER: --------------- M.K.JAYAKRISHNAN, S/O.MANMADHAN, PARAYIL HOUSE, KANAKKARY P.O., KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE, ETTUMANOOR BRANCH - 686 631. 2. K.MANMADHAN, S/O.KESAVAN NAIR, KAKKADAMPALLIL, KANAKKARY P.O., NOW RESIDING AT PARAYIL HOUSE, KANAKKARY P.O., KOTTAYAM - 686 632. 3. SOPHY JOSEPH, MOOPPANATTUNIRAPPEL, KADUTHURUTHY P.O., KOTTAYAM DISTRICT NOW RESIDING AT MOOPPANATTUNIRAPPEL, ETTUMANOOR P.O., KOTTAYAM DISTRICT - 686 631. 4. SARALA KUMARI P.V.,SAROGINI VIHAR, THIRUNAKKARA, KOTTAYAM - 1. ADV. SRI.K.S.DILIP FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.21685 of 2010 --------------------------------------- Dated this 13th day of July, 2010 JUDGMENT Petitioner is claim petitioner in E.A.No.300 of 2010 in E.P.No.89 of 2009 in O.S.No.43 of 2005 of the court of learned Principal Sub Judge, Kottayam. His grievance is that he obtained property as per a settlement deed executed by his father, (judgment debtor No.1) in the year 2003 but that property has been attached in execution of the decree on 23-02-2010 at a time when judgment debtor No.1 had no right, title, interest or possession in the said property. Hence petitioner filed E.A.No.300 of 2010 making a claim over the property and requesting to lift the attachment. Though that application was preferred on 03-06-2010 it has not been disposed of and that has put petitioner into difficulties. Hence a direction is sought for expeditious disposal of the claim petition. 2. Having regard to the facts and circumstances stated by learned counsel I direct learned Principal Sub Judge, Kottayam to dispose of E.A.No.300 of 2010 as expeditiously as possible if preliminary steps on the petition are over. With the above direction writ petition is disposed of. (THOMAS P JOSEPH, JUDGE) Sbna/-