IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 21267 of 2008(F) -------------------------- AGAINST THE ORDER DATED 6/06/2008 IN IA 1135/07 IN OS.129/2006 of MUNSIFF COURT, PUNALUR .................... PETITIONER: ---------------------- SAM PAUL, S/O.LATE PAUL, AGED 52, GRACE BHAVAN, VAZHATHOPPE, PIRAVANTHOOR MURI, PIRAVANTHOOR. BY ADV. SRI.S.SREEKUMAR RESPONDENT: ------------------------ UMMEN SAMUEL, S/O. UMMAN, KANDAMATHU HOUSE, CHEMMANTHOOR, PUNALUR MURI, PATHANAPURAM TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21267/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PLAINT IN O.S.NO.129 OF 2006 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P2: COPY OF ORDER DTD. 30/05/2006 BY THE MUNSIFF'S COURT, PUNALUR. EXT.P3: COPY OF ORDER DTD. 03/07/2006 BY THE MUNSIFF'S COURT, PUNALUR. EXT.P4: COPY OF JUDGMENT IN WP(C) NO.13644 OF 2006 DTD. 31/05/2006. EXT.P5: COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER DTD. 27/09/2006. EXT.P6: COPY OF I.A.NO.1135 OF 2007. EXT.P7: COPY OF ORDER DTD. 06/06/2008 DISMISSED EXT.P6. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO.21267 OF 2008 ------------------------------------------ Dated this the 26th day of August, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India challenging Ext.P7 order passed by Munsiff, Punalur in I.A.1135 of 2007 in O.S.129 of 2006, by defendant in the suit. Respondent is the plaintiff. Under I.A.1135 of 2007, petitioner sought either to permit him to take the marbles and other articles kept under the orders of the Court or to sell them and deposit the sale proceeds till a decision is taken in the suit. Under Ext.P7 order, learned Munsiff dismissed the application. 2. Learned counsel appearing for petitioner and respondent were heard. 3. On hearing the learned counsel on both sides, I do not find it necessary to retain the marbles and other articles till disposal of the suit as sought for by the plaintiff. Under Ext.P6 application, petitioner sought permission either to remove them or to sell them and deposit the amount in the Court so that the value of the articles will not be lost. No prejudice will be caused WP(C)21267/08 2 to the plaintiff by sale and depositing the sale proceeds in Court. It is admitted that plaintiff has already instituted another suit for realisation of the amount due to him from respondent. In such circumstance Ext.P7 order is quashed. Learned Munsiff is directed to appoint a commission at the expense of the petitioner and sell the marbles and other articles as sought in Ext.P6 application and deposit the sale proceeds in a nationalized bank, which shall not be disbursed till the suit is disposed. The parties are entitled to participate in the sale of marbles and other articles. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-