IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15660 of 2010(O) -------------------------- AGAINST THE ORDER DATED 8/10/2009 IN IP 3/1100 ME IN IA.1992/2007 of ADDL.SUB COURT,KOLLAM .................... PETITIONERS: --------------- 1. L.PREETHA, W/O.KAMALNATHAN, AGED 65, KAMAL STUDIO BUILDINGS, PATTATHANAM WEST, VADAKKEVILLA VILLAGE, KOLLAM. 2. K.SONY KAMAL, S/O.KAMALNATHAN, AGED 36, RESIDING AT KAMAL STUDIO BUILDINGS, PATTATHANAM WEST, VADAKKEVILLA VILLAGE, KOLLAM. 3. SANJAY KAMAL, S/O.KAMALNATHAN, RESIDING AT KAMAL STUDIO BUILDINGS, PATTATHANAM WEST, VADAKKEVILLA VILLAGE. BY ADV. SRI.R.KISHORE SRI.G.HARIPRASAD RESPONDENTS: --------------- 1. THE OFFICIAL RECEIVER, DISTRICT COURT, KOLLAM, 691013. 2. S.K.ABDULKHADDAR KUNJU, THATATHIL VAYALIL VEEDU, VADAKKUMBHAGOM, KOLLAM-691001. 3. S.K.MOHAMMED KOYA, THATATHIL VAYALIL VEEDU, VADAKKUMBHAGOM, KOLLAM-691001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.15660 of 2010 --------------------------------------- Dated this 21st day of May, 2010 JUDGMENT Petitioners seek to quash Ext.P6, order dated 08-10-2009 in I.A.No.1992 of 2007 in I.P.No. 3 of 1100 M.E of the court of learned Additional Sub Judge, Kollam. I.A.No.1992 of 2007 is a claim petition preferred by the petitioners in the insolvency proceeding. According to the petitioners, order of adjudication was annulled and the petitioners claimed title and possession of the property involved in I.A.No.1992 of 2007 from Mrs. Jolly Kuriakose as per assignment deed No.1848 of 1979 and the said Jolly Kuriakose acquired the said property from two kudikidappukars who had obtained purchase certificate in respect of their holdings even as early as in the year 1976. The decision of the land tribunal was long after the annulment of order of adjudication in the insolvency proceedings in the year 1972. Hence, petitioners contend that the property covered by I.A.No.1992 of 2007 is not effected by any order in insolvency proceeding. Learned Sub Judge vide Ext.P6 order has dismissed I.A.No.1992 of 2007 which is under challenge before the appellate forum in A.S.No.373 of 2009. In that appeal, petitioners have filed I.A.No.225 of 2010 for stay of W.P.C.No.15660 of 2010 : 2 : execution and operation of Ext.P6 order dated 08-10-2009. 2. Now that Ext.P6 order is under challenge before the appellate forum in A.S.No.373 of 2009, there is no necessity for this court to interfere with that order in exercise of its power under Article 226 of the Constitution (as stated in the petition) in the pending appeal. At this stage, learned counsel submitted that learned Additional District Judge may be directed to dispose of I.A.No.225 of 2010 at the earliest and that learned Additional District Judge may be directed to consider the issue of reversion canvased by the petitioners. Having regard to the circumstances stated, I direct learned Additional District Judge to dispose of the appeal itself or the application for stay as the case may be as early as possible if the appeal and application are ripe for hearing. It will be open to the petitioners to raise all contentions available to them including the issue of reversion before the learned Additional District Judge. With the above direction the writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-