IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3447 of 2011(O) ------------------------- E.P 102/09 IN OS.1262/2006 of I ADDL.MUNSIFF COURT, THIRUVANANTHAPURAM .................... PETITIONER (S): ------------------------------- AJITHA KUMARI.S., SHIMI NIVAS, ELAPPIL, MELVETTOOR, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): --------------- SINDHU CHANDRAN, ASWATHY BHAVAN, PECHUVILAKOM, KULATHOOR P.O., THIRUVANANTHAPURAM-695 583. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3447/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE PLAINT IN OS.1262/06. EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 13/12/2006 IN OS.1262/06 OF I-ADDITIONAL MUNSIFF COURT THIRUVANANTHAPURAM. EXHIBIT P3:TRUE COPY OF THE E.P.102/09 IN OS.1262/06. EXHIBIT P4: TRUE COPY OF SALE NOTICE DATED 1/10/2011 ALONG WITH PROPERTY SCHEDULE. EXHIBIT P5: TRUE COPY OF THE AFFIDAVIT AND PETITION FILED AS IA 8197 OF 2011 IN OS.1262/06 DATED 21/10/2011. EXHIBIT P6: TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 21/10/2011 IN EA.828 OF 2011. EXHIBIT P7: TRUE COPY OF THE OBJECTION DATED 21/10/2011 IN EP.102/09 IN OS.1262/06 RESPONDENTS' EXHIBITS : NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3447 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT Petitioner is the defendant in O.S.No.1262 of 2006 of the court of learned Additional Munsiff-I, Thiruvananthapuram. Learned Munsiff has passed an exparte decree against petitioner, according to her without due service of summons. Respondent filed Ext.P3, execution petition on which notice was served by affixture. On getting Ext.P4, notice for sale of the property, petitioner learnt about the exparte decree and filed Ext.P5, application to set aside the exparte decree and Ext.P6, application to keep the execution proceeding in abeyance. Petitioner also preferred Ext.P7, objection to the execution petition. The grievance of petitioner is that the said applications are not disposed of and in the meantime, property is proclaimed for sale on 01.11.2011. 2. Having heard learned counsel I am inclined to think that if preliminary steps on Exts.P5 and P6, applications are completed, those applications are to be disposed of as early as possible. Resultantly this Original Petition is disposed of directing the learned Additional Munsiff-I, Thiruvananthapuram to dispose of Exts.P5 and P6, applications if preliminary steps are over, as provided under law as early as OP(C)No.3447/2011 2 possible. It is open to the petitioner to request the learned Additional Munsiff to pass interim order on Ext.P6, application having regard to her grievance that the property is proclaimed for sale on 01.11.2011. THOMAS P.JOSEPH, Judge. cks