Alexander Vadakkedam vs The State Bank Of India on 27 November, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29800 of 2006(V)


1. ALEXANDER VADAKKEDAM,
                      ...  Petitioner

                        Vs



1. THE STATE BANK OF INDIA,
                       ...       Respondent

2. THE SUB REGISTRAR,

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :27/11/2006

 O R D E R
                               M.SASIDHARAN NAMBIAR,J.

                          --------------------------

                               W.P.(C)NO.29800 OF 2006

                          -------------------------

          DATED THIS THE 27th DAY OF NOVEMBER, 2006


                                      JUDGMENT

Petitioner is the legal heir of judgment debtor in O.S.

38/1988 on the file of Sub Court, Kochi. Judgment debtor is no

more. First respondent is the decree holder. For realisation of

the amount, the decree was transferred to Sub Court,

Thiruvananthapuram as per order in E.P.189/95 on the file of Sub

Court, Kochi. Subsequent to the transfer, the property of

petitioner was attached by the executing Court-Sub

Court,Thiruvananthapuram. Petitioner paid the entire decree debt.

But the order of attachment was not raised. Petitioner therefore

filed I.A.3264/06 before Sub Court, Thiruvananthapuram seeking an

order to communicate the fact regarding closure of the execution

petition to Sub Registry office, Kazhakoottam. Ex.P3 is the copy

of the application. This petition is filed under Article 227 of

constitution of India seeking a direction to Sub Judge,

Thiruvananthapuram to communicate the raising of attachment

order, in view of the satisfaction of the decree in E.P.189/95 on

the file of Sub Court, Kochi. Evidently petitioner filed Ext.P3

application in O.S.39/1988 on the file of Sub court,

Thiruvananthapuram, it cannot be the suit on the file of Sub

Court, Kochi whereunder the decree was passed. It could be for

W.P.(c)29800/06 2

that reason, Sub Court, Thiruvananthapuram did not take any

action in Ext.P3 application.

2. First respondent decree holder appeared through

Advocate Mr. George Thomas (Mevada) and filed a statement

dated 27.11.06 stating that first respondent has realised the

amount due from the petitioner and decree holder Bank has no

objection for releasing the attachment as prayed for.

In view of the said statement, Principal Sub Judge,

Thiruvananthapuram is directed to communicate to Sub

Registrar, Kazhakoottam that, the decree in O.S.39/88 has been

satisfied and hence the order of attachment is raised.

                                          M.SASIDHARAN NAMBIAR,JUDGE




Acd


W.P.(c)29800/06    3