IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 28485 of 2002(N)
1. SREE NARAYANA TRADERS AND FINANCIERS LTD
... Petitioner
Vs
1. V.C.KRISHNAN ACHARI, USHA BHAVAN,
... Respondent
For Petitioner :SRI.SUNIL JACOB JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/06/2007
O R D E R
PIUS C. KURIAKOSE, J.
..........................................................
O.P.No.28485 OF 2002
...........................................................
DATED THIS THE 6TH JUNE, 2007
J U D G M E N T
It is reported by the Registry that the respondent is no more.
The learned counsel for the petitioner submits that even though notice
which was issued to the respondent has been returned with the
endorsement that the respondent is no more, according to his
information, the respondent is very much alive and kicking and is
regularly appearing before the court below.
2. I do not propose to go into the above controversy. The fact
remains that during the past five years the respondent has not been
served and the proceedings in the court below are under stay. The
petitioner-Company’s claim is that the petitioner is a creditor of the
respondent who has obtained decree in L.A.R.No.1 of 1993 on the file
of the Sub Court, Pathanamthitta. According to the petitioner-
Company, the Company has filed an application for attachment and
even as the same is pending, the learned Sub Judge is executing the
decree in the above L.A.R. and is going to disburse the amount under
deposit to the respondent. The respondent who has obviously been
informed about the passage of stay by this Court does not appear to
be enthusiastic in entering appearance before this Court and get the
OP.N0.28485/02
-2-
stay vacated.
3. Under these circumstances, I am of the view that this Original
Petition can be disposed of even without completing service on the
respondent or his legal heirs, if he is no more as reported by the
Registry. If no orders have so far been passed by the execution court
in the application filed by the petitioner seeking attachment of the
decree amount in L.A.R.1 of 1993, the court will pass orders on that
application after hearing both sides at the earliest and at any rate
within three weeks of receiving copy of this judgment. The court
below will pass orders on the cheque application, if any, filed for
withdrawal/disbursement of the amount under deposit, only after two
weeks of passage of orders in the attachment application.
The Original Petition is disposed of as above. No costs.
(PIUS C.KURIAKOSE, JUDGE)
tgl
OP.N0.28485/02
-3-
OP.N0.28485/02
-4-