IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21267 of 2008(F)
1. SAM PAUL, S/O.LATE PAUL, AGED 52,
... Petitioner
Vs
1. UMMEN SAMUEL, S/O. UMMAN,
... Respondent
For Petitioner :SRI.S.SREEKUMAR
For Respondent :SRI.VINOY VARGHESE KALLUMOOTTILL
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/08/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
------------------------------------------
W.P.(C) NO.21267 OF 2008
------------------------------------------
Dated this the 26th day of August, 2008
JUDGMENT
This petition is filed under Article 227 of Constitution of
India challenging Ext.P7 order passed by Munsiff, Punalur in
I.A.1135 of 2007 in O.S.129 of 2006, by defendant in the suit.
Respondent is the plaintiff. Under I.A.1135 of 2007, petitioner
sought either to permit him to take the marbles and other
articles kept under the orders of the Court or to sell them and
deposit the sale proceeds till a decision is taken in the suit.
Under Ext.P7 order, learned Munsiff dismissed the application.
2. Learned counsel appearing for petitioner and
respondent were heard.
3. On hearing the learned counsel on both sides, I do not
find it necessary to retain the marbles and other articles till
disposal of the suit as sought for by the plaintiff. Under Ext.P6
application, petitioner sought permission either to remove them
or to sell them and deposit the amount in the Court so that the
value of the articles will not be lost. No prejudice will be caused
WP(C)21267/08 2
to the plaintiff by sale and depositing the sale proceeds in
Court. It is admitted that plaintiff has already instituted another
suit for realisation of the amount due to him from respondent.
In such circumstance Ext.P7 order is quashed. Learned Munsiff
is directed to appoint a commission at the expense of the
petitioner and sell the marbles and other articles as sought in
Ext.P6 application and deposit the sale proceeds in a
nationalized bank, which shall not be disbursed till the suit is
disposed. The parties are entitled to participate in the sale of
marbles and other articles.
Writ petition is disposed of as above.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-