IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9306 of 2010(O) --------------------------------------- OS.204/1993 of SUB COURT,NEYYATTINKARA .................... PETITIONER(S): ------------------------- SIVANANDA PANICKER, KANDAYARA PUTHEN VEEDU, PANUVILAKOM, VENKADAMBU DESOM, KULATHOOR PAKUTHY, REPRESENTED BY POWER OF ATTORNEY HOLDER RENJITH, S/O. RAJENDRAN, AGED 30 YEARS, KURUVITHOTTATHU VEEDU, PAZHAYA UCHAKKADA, KARODU VILLAGE, KARODU DESOM. BY ADVS. MR.T.A.UNNIKRISHNAN MR.P.P.BIJU RESPONDENT(S): ------------------------- 1. RAMAKRISHNAN, S/O. NARAYANA PILLAI, HINDU, AGED 51, MURUKA VILASOM BUNGLOW, POTTAKKUZHI THEKKU KIZHAKKETHATTU CHENKAL VILLAGE, PORANNOOR DESOM. 2. SOUTH INDIAN BANK, HEAD OFFICE, REPRESENTED BY GENERAL MANAGER. 3. ASSISTANT GENERAL MANAGER, SOUTH INDIAN BANK, THIRUVANANTHAPURAM ZONE, THAMPANOOR, THIRUVANANTHAPURAM. 4. BRANCH MANAGER, SOUTH INDIAN BANK, LTD., PLAMOOTTUKADA, NEYYATTINKARA. 5. INDIRA DEVI, D/O. PANKAJAKSHY AMMA, HINDU, AGED 62, PANKAJA NIVAS, KEEZHARANNOOR MURI, JUDGE ROAD, KARAMANA, THIRUVANANTHAPURAM TALUK, IRANIMUTTAM PAKUTHY AND ALSO POTHIKADU VEEDU, PORANNOOR DESOM, CHENKAL VILLAGE. BY ADV. MR.GEORGE VARGHESE, SC S.I.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WP(C) No.9306 of 2010-O ------------------------------------- Dated 19th March 2010 Judgment The limited prayer in this Petition filed under Article 227 of the Constitution of India is for a direction to the Sub Court, Neyyattinkara to keep in abeyance the execution proceedings in EP No.87/03 in OS No.204/93 pending before the said Court till a carbon copy of the order in IA No.205/07 in the suit is issued to him. 2. The petitioner claims to have lodged a claim as per EA No.205/07 in EP No.87/03 in OS No.204/93 before the Sub Court, Neyyattinkara. Respondents 2 to 4 are the decree holders and the first respondent is the judgment debtor. The suit was one for realisation of money. 3. It is pointed out that five items of property were scheduled to be shown for sale. The petitioner says that those properties are not liable to be sold in execution WPC 9306/10 2 of the decree against the judgment debtor. He therefore, filed a claim petition as EA No.205/07. That application was dismissed. The petitioner filed an appeal as AS No.209/07 before the District Court, Thiruvananthapuram. The District Court, after hearing both sides, set aside the order passed by the Execution Court and remanded the case for fresh consideration and disposal. But, the Execution Court after considering the matter, again dismissed the claim petition filed by the petitioner. Thereafter, the petitioner applied for a carbon copy of the said order within the stipulated time. But, so far, it has not been issued to him. The petitioner apprehends that in the meanwhile, if the execution proceedings are continued, his appeal may become infructuous. Therefore, he prays for a direction to keep the execution proceedings in abeyance till a carbon copy of the order passed on his claim petition is issued to him, so as to enable him to take further steps in the matter. WPC 9306/10 3 4. In the nature of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to issue notice to the respondents. 5. The prayer made by the petitioner seems to be quite reasonable. Accordingly, there will be a direction to the Sub Court, Neyyattinkara to keep in abeyance the execution proceedings in EP No.87/03 in OS No.204/93 for a week or till the petitioner obtains a carbon copy of the order in EA No.205/07 passed on the claim petition filed by him, whichever is earlier. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 9306/10 4