IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3908 of 2010(O) ------------------------- OS.31/2010 of ADDL. MUNSIFF'S COURT, KOTTAYAM .................... PETITIONER/PETITIONER:- -------------------------------------- SUNNY MATHEW, AGED 42 YEARS, S/O.MATHEW, PUTHIYEDATHU HOUSE, THODUPUZHA, IDUKKI. BY ADV. SRI. N.K.MOHANLAL RESPONDENTS/RESPONDENTS:- ----------------------------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, THODUPUZHA. 3. DEPUTY TAHSILDAR (R.R) KERALA STATE FINANCIAL ENTERPRISES LIMITED, K.O.VARGHESE MEMORIAL BUILDING, BAKER JUNCTION, KOTTAYAM. 4. ARAVINDAKSHAN NAIR, AGED 47, PANACKAL HOUSE, KOLANI P.O., THODUPUZHA, IDUKKI. BY ADV. SRI. T NAVEEN, SC for R1 & R2 SRI. RAVIKRISHNAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 3908 of 2010 ---------------------------------------------------- Dated this the 9th day of February, 2010. JUDGMENT Heard the learned counsel for the writ petitioner, the Standing Counsel for respondents 1 and 2 and the Government Pleader for 3rd respondent. Notice to 4th respondent is unnecessary. 2. The writ petitioner is the plaintiff in O.S No. 31 of 2010 on the file of the Munsiff's Court, Kottayam. The said suit is for a declaration that the claim of defendants 1 to 3 for payment of arrears of loan amount in the chitties are barred by limitation, a further declaration that the plaint schedule property is not liable to be proceeded against for enforcing any claim or charge for the loan arrears and for a decree for settlement of true and correct accounts with regard to the loans in question and for a prohibitory injunction restraining defendants 2 and 3 from proceeding against the plaint schedule property for the realisation of the loan amounts. The loans were availed in the year 1997 and 1998. According to the Standing Counsel for respondents 1 and 2, the amount due comes to more than Rs.10 W.P.(C) No. 3908/2010 : 2 : lakhs. 3. Along with the plaint, the plaintiff/petitioner had filed Ext.P2 application as I.A. No. 197 of 2010 seeking an interim injunction restraining defendants 2 and 3 from proceeding against the plaint schedule property for recovery of the arrears of loan. The grievance of the petitioner is that the said application has not been heard and disposed of and while so, the 2nd respondent Deputy Tahsildar is proceeding to recover the loan arrears by the sale of the property. 4. The learned Standing Counsel for respondents 1 and 2 submitted that Ext.P2 application is being taken up for hearing today. I am sure that Additional Munsiff's Court, Kottayam will dispose of Ext.P2 application expeditiously after giving both sides an opportunity of being heard and also taking into account the fact that the Deputy Tahsildar has posted the case to 16.02.2010 for sale of the property. This writ petition is disposed of as above. Dated this the 9th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 3908/2010 : 3 :