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ASHA SENAN, D/O LATE VIJAYA SENAN NAIR v. RAMAN NAIR(DEAD), S/O KUNJAN NAIR - WP(C) No. 17077 of 2007(G)  RD-KL 9835 (8 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 17077 of 2007(G)
1. ASHA SENAN, D/O LATE VIJAYA SENAN NAIR,
1. RAMAN NAIR(DEAD), S/O KUNJAN NAIR,
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.JOSE ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
O R D E R
M.N.KRISHNAN, J.W.P.(C) No.17077 2007 G
Dated this the 8th day of June, 2007.
This writ petition is filed seeking a direction to the Subordinate Judge's Court, North Parur, to consider and dispose of I.A.No.1860/07 without insisting on service of notice to the respondents.
2. The writ petitioner has approached this court with a prayer to lift the attachment effected in O.S.No.292/86 of the Subordinate Judge's Court, North Parur. It is submitted that the plaintiff instituted execution proceedings before the Subordinate Judge's Court, Ernakulam and the same was numbered as E.P.No.1196/92 and it has been closed by the Court on 18.3.1997, as the judgment debtor paid off the entire amount. In the execution petition, the Ernakulam Sub Court attached another property.
3. Whatever it may be, in order to lift the attachment, which is said to have been effected before two decades, materials and particulars are necessarily to be furnished before the court. If the suit has been decreed and W.P.(C) No.17077 2007 subsequently the decree has been satisfied, then it is incumbent upon the court to inform the Sub Registrar's Office regarding the satisfaction of the decree with an order to raise the attachment. So, in order to enable the court to arrive at a decision, necessarily, particulars are to be furnished.
4. Therefore, I direct the present petitioner to furnish necessary particulars and since there is a long gap of time, the court also, without insisting on technicalities, shall try to find out whether the decree has been satisfied so that the attachment can be lifted. Meanwhile, the writ petitioner may also take out notice to the respondents in the petition, if the plaintiff or his legal representatives enters appearance and submits before the court regarding the satisfaction of the decree, then it will also enable the court to lift the attachment. Writ petition is disposed of as above. Sd/- (M.N.KRISHNAN)
JUDGEsk/ //true copy// P.S. To Judge
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