IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 25671 of 2008(F) -------------------------- AGAINST THE ORDER IN EP 136/1986 IN OS.10/1960 of I ADDL.SUB COURT, KOZHIKODE .................... PETITIONER(S): JUDGMENT DEBTOR NO.2 --------------- K.C. EAPEN, S/O. EAPEN CHACKO, AGED 73, GREENLAND, CHELAVOOR, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS SMT.M.LISHA RESPONDENT(S): DECREE HOLDER & OTHER JUDGMENT DRS. --------------- 1. M/S. PROVIDENT INVESTMENT CO. LTD., REG. OFF. 11A, CUFFE PARADE, COLABA, MUMBAI-3, REP. BY ITS MANAGER. 2. K.C. JOHN, S/O. LATE EAPEN CHAKO. 3. K.C. THOMAS, S/O. LATE EAPEN CHACKO. 4. DR.MOLLY ALEXANDER, D/O. LATE EAPEN CHACKO. 5. MRS. LILLY CHERIAN, D/O. LATE EAPEN CHACKO. ( deleted) 6. MRS. AMMINI MATHEW, D/O. LATE EAPEN CHACKO.( deleted) 7. SHANTA, W/O. LATE K.C. GEORGE. 8. GEORGE JACOB, S/O. LATE K.C. GEORGE.(deleted) WPC.NO.25671/08 9. DAVID GEORGE, (deleted) S/O. LATE K.C. GEORGE. 10. SUJU SHAJU, D/O.LATE K.C. GEORGE ( deleted) (RESPONDENTS 2 TO 10 RESIDING AT CHELAVUR HOUSE, CHELAVUR AMSOM DESOM, KOZHIKODE TALUK) Respondents 5, 6, 8 to 10 deleted from the array of parties vide order dated 17-09-2009 in I.A.No.7733/2009 ADV. SRI.M.MUHAMMED SHAFI FOR R2,3 SRI.M.AJAY,SC,PROVIDENT INVESTMENT CO.L FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE AFFIDAVIT AND PETITION IN E.A.NO. 1254/2006 DATED 30-11-2006 FILED BY THE PETITIONER IN E.P.NO.136/1986 IN O.S.NO.10/1960 BEFORE THE SUB COURT, KOZHIKODE EXT.P2 TRUE COPY OF THE ORDER FOR LODGEMENT DATED 11-4-2007 ISSUED BY THE SHERISTADAR, DISTRICT COURT, KOZHIKODE /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) .No.25671 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September , 2009 JUDGMENT This writ petition is filed under Article 227 of the Constitution by judgment debtor No.2 in E.P.No.136/1986 in O.S.No.10/60 pending before the Subordinate Court, Kozhikode. 2. When the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the petitioner has deposited the entire decree debt before the lower court. Learned counsel for respondent No.1 would say that the amount deposited by the petitioner is not the entire amount due to the decree holder and that CRP.No.1423/2002 is now pending before this court. Learned counsel for the petitioner submitted that CRP.No.1423/2002 has nothing to do with this case. In the circumstances, I feel that the following order can be passed. The Sub Court, Kozhikode is directed to dispose of E.P.No.136/1986 in O.S.No.10/1960 after affording an opportunity of WP(C)No.25671/2008 2 hearing to both sides as early as possible, but not later than six months from the date of receipt of a copy of this judgment. The question regarding the correctness of the amount due to the decree holder can also be considered in the E.P.. Writ petition is disposed of as above. P.Q.BARKATH ALI JUDGE sv. WP(C)No.25671/2008 2