PEEVEES ENTERPRISES AND ANR. Vs. A. ALIYAR KUNJU

JUDGEMENT

(1.) The prayers in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India are as follows:

(2.) Heard Sri.Johnson Manayani, learned counsel for the petitioners. In the nature of the orders proposed to be passed in this petition, notice to the respondent will stand dispensed with.

(3.) Petitioners would state that they were the defendants in O.P(Indigent) O.S.No.118/1997 on the file of the Sub Court, Thiruvananthapuram. That the said suit was withdrawn by filing Ext.P-1 withdrawal application in the said suit by the plaintiff. Pursuant to Ext.P- 1 withdrawal application, the suit was dismissed as withdrawn as per order dated 9.6.1997. The court below had issued earlier an attachment order at the instance of the plaintiff as evident from serial No.5 of Ext.P-2 encumbrance certificate issued by the Registration Department of the State Government. That even after the withdrawal of the suit, no orders were formally passed by the trial court lifting the attachment and intimation in that regard was never conveyed by the trial court to the S.R.O concerned so as to delete the encumbrance, it is stated. That thereupon, the petitioners had attempted to file Ext.P-3 application on 17.9.2017 praying to advance his prayer to lift the attachment of Ext.P-3 property by the said trial court and its due communication to the S.R.O concerned so as to delete the encumbrance noted in Ext.P-2, etc. That the court officials of the Sub Court, Thiruvananthapuram, do accept Ext.P-3 presumably on the ground that the case records in relation to the suit, which was disposed of long ago, are immediately traceable, etc., it is alleged.