IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 OP(C).NO. 3604 OF 2011(O) --------------------------------------- AGAINST THE ORDER IN EP.28/2010 IN OP(ARB.)NO.1/2005 OF DISTRICT COURT, KOZHIKODE PETITIONER: -------------------- SMT. P. SAINABA, D/O. KUNJALIKUTTY, AGED 30 YEARS, MANKUZHIYIL HOUSE, PADANILAM P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ 1. M/S. SHRIRAM TRANSPORT FINANCE COMPANY LTD., KOZHIKODE BRANCH OFFICE, SREEPADHAM BUILDING, CHERUTTY ROAD, KOZHIKODE, REPRESENTED BY POWER OF ATTORNEY HOLDER P.T. VENUGOPAL, PIN - 673 121. 2. ABDUL RAHIMAN K.P., AGED 59 YEARS, S/O. MAMMI, KANNIPOLIL HOUSE, PADANILAM P.O., KUNNAMANGALAM, KOZHIKODE - 670 529. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3604 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KUNNAMANGALAM IN FAVOUR OF THE PETITIONER ON 05.05.2005. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, KUNNAMANGALAM GRAMA PANCHAYAT ON 08.03.1999 EVIDENCING OWNERSHIP/OCCUPATION OF BUILDING COMPRISED IN KP NO.5/130. EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.08.2010 ISSUED BY THE VILLAGE OFFICER, KUNNAMANGALAM IN FAVOUR OF THE PETITIONER RELATING TO THE PROPERTY MENTIONED IN EXHIBIT P1. EXHIBIT P4 TRUE COPY OF THE BUILDING TAX RECEIPT NO.97 ISSUED BY THE KUNNAMANGALAM GRAMA PANCHAYAT FOR THE PERIOD 2010-2011 ISSUED IN FAVOUR OF THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE LIST OF MOVABLES FILED BY THE FIRST RESPONDENT BEFORE THE DISTRICT COURT, KOZHIKODE TO BE ATTACHED IN CONNECTION WITH E.P. NO.28 OF 2010 IN O.P. NO.1 OF 2005. EXHIBIT P6 TRUE COPY OF THE CLAIM PETITION UNDER ORDER 21 OF RULE 58 OF THE CIVIL PROCEDURE CODE FILED IN E.P.NO.28 OF 2010 IN O.P. NO.1 OF 2005 BEFORE THE DISTRICT COURT, KOZHIKODE. EXHIBIT P7 TRUE COPY O THE OBJECTION DATED 10.11.2010 FILED BY THE FIRST RESPONDENT BEFORE THE DISTRICT COURT, KOZHIKODE ON EXHIBIT P6. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3604 of 2011 ==================================== Dated this the 04th day of November, 2011 J U D G M E N T In E.P. No.28 of 2010 of the court of learned District Judge, Kozhikode where the award in O.P(Arb.) No.1 of 2005 is being executed by the first respondent against second respondent (husband of petitioner), there was attachment of movables (allegedly) belonging to the second respondent. Petitioner made a claim over the movables as per Ext.P6, which stands dismissed. Petitioner has applied for a copy of the said order, but is yet to get it. Petitioner prays that direction may be issued to the learned District Judge to issue a copy of the order on Ext.P6, claim petition and in the meantime keep in abeyance further proceedings in E.P. No.28 of 2010. 2. Having heard learned counsel for petitioner I am inclined to issue a direction to the learned District Judge as follows. Original Petition is allowed to the extent that learned O.P(C) No.3604 of 2011 -: 2 :- District Judge, Kozhikode is directed to issue copy of the order on Ext.P6, claim petition in E.P. No.28 of 2010 in O.P(Arb.) No.1 of 2005 if applied for on usual terms as early as possible, at any rate within a week from the date of receipt of a copy of this judgment. THOMAS P. JOSEPH, JUDGE. vsv