IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH SEPTEMBER 2007 / 15TH BHADRA 1929 WP(C).No. 26599 of 2007(N) -------------------------- OS.84/2005 of SUB COURT,KOTTARAKKARA OS.125/2005 of MUNSIFF COURT, PUNALUR .................... PETITIONER: ------------ PODIKUNJU,S/O. ABDUL MAJEED, RESIDING AT SALEEM SMRITHIYIL, CHITHARA VILLAGE, KOLLAM. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ------------- 1. ABDUL SALAM,S/O. ABDUL MAJEED, 2. JALALUDEEN, S/O. ABDUL MAJEED. 3. NAJEEM,S/O. ABDUL MAJEED, ALL ARE, RESIDING AT CHARUVILA PUTHEN VEEDU, MANNARAKKODU, CHITHARA VILLAGE, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------ W.P.(C).NO.26599 OF 2007-N ------------------------------------------ Dated this the 6th day of September, 2007. JUDGMENT This writ petition is filed seeking a direction to the Subordinate Judge, Kottarakkara, to dispose of Exts.P3 and P4 applications and other reliefs and for an interim prayer to stay all further proceedings in execution in O.S.No.84/2005. The grievance of the writ petitioner is that there is already a decree obtained by him in O.S.No.125/2005 which has attained finality and the respondents in the writ petition concealing the aforesaid decree, had obtained an ex-parte decree in O.S.No.84/2005 and for setting aside which, Exts.P3 and P4 applications are filed with a petition to condone the delay. 2. I feel the matter requires consideration at the hands of the court below. Therefore, I direct the Subordinate Judge, Kottarakkara, to dispose of Exts.P3 and P4 within a time frame of two months from today and till the disposal of the same, not to proceed with the execution proceedings in O.S.No.84/2005 pending before the said court. W.P(C).NO.26599/07 2 The writ petition is disposed of as above. M.N. KRISHNAN, JUDGE. cl W.P(C).NO.26599/07 3