IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C). No. 4033 of 2010(O) ------------------------- OS. 791/1999 of PRL. SUB COURT, THRISSUR .................... PETITIONER(S): ---------------------- SHEEJAMOL K.R. D/O.LATE K.C. RAMAKRISHNAN, KARAKATTU HOUSE, KONNAMCHERRY, MANJAPRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SMT. E.V. MOLY RESPONDENT(S): ------------------------- 1. PRINCIPAL SUB COURT, PALAKKAD. * THE 1ST RESPONDENT IS STRUCK OFF AS UNNECESSARY AS PER ORDER DATED 08.02.2010. 2. SHRI SWAROOP S/O. K. SHEIK, MANAGING DIRECTOR, CHANAKYA CURIES AND LOANS, KOORKKANCHERRY VILLAGE, THRISSUR. R2 BY ADV. SRI. T.K. VIPINDAS SMT. P.K. PRIYA SRI. K.V. SREE VINAYAKAN SMT. MONCY FRANCIS SRI. G. SREEKUMAR(CHELUR) SRI. RAVI. K. PARIYARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C). No. 4033 of 2010(O) APPENDIX PETITIONER'S EXHIBITS: 1. EXT. P1 – COPY OF THE SALE NOTICE FIXING SALE OF THE PROPERTY OF THE PETITIONER TO 08.02.2010. 2. EXT. P2 – COPY OF THE DECREE PASSED IN OS 791/99 BY SUB. COURT, TRICHUR. RESPONDENT'S EXHIBITS: - NIL /TRUE COPY/ P.A. TO JUDGE PN THOMAS P. JOSEPH, J. ---------------------------------------- W.P(C).No.4033 of 2010 --------------------------------------- Dated this 16th day of November, 2011 JUDGMENT Respondent obtained an ex parte decree for recovery of money against the father of petitioner and others in O.S.No.791 of 1999 of the Court of learned Principal Sub Judge, Thrissur. Later, it is said, petitioner's father (4th defendant) committed suicide in the year 2004. Petitioner's mother also committed suicide. Respondent put the decree in execution and attempted to sell the property of deceased father of petitioner. At that stage, petitioner approached this Court with this writ petition challenging execution proceeding and obtained a stay of execution proceeding. 2. It is submitted by the learned counsel that petitioner has filed I.A.Nos.2641 and 2642 of 2011 in O.S.No.791 of 1999 to set aside the ex parte decree against her deceased father and to condone the delay in filing the said application. Those applications are posted on 30.11.2011 for evidence. It is also submitted by the learned counsel that other judgment debtors in O.S.No.791 of 1999 are Government servants but the respondent has not proceeded against them. W.P(C).No.4033 of 2010 -: 2 :- 3. Learned counsel for respondent submits that execution is levied against property of deceased father of petitioner. 4. Since petitioner has filed I.A.Nos.2641 and 2642 of 2011 to set aside the ex parte decree and condone the delay, it is not necessary to proceed with this writ petition. But, I am inclined to direct that execution proceeding will stand in abeyance for some time so that in the meantime learned Sub Judge could dispose of I.A.Nos.2641 and 2642 of 2011. Resultantly this writ petition is disposed of as follows: (i) Learned Sub Judge, Thrissur is directed to dispose of I.A.Nos.2641 and 2642 of 2011 in O.S.No.791 of 1999 of that Court as early as possible, at any rate within 45 days from this day. (ii) It is directed that execution proceeding in O.S.No.791 of 1999 to the extent it concerned the property of deceased father of petitioner (fourth defendant in the suit) will stand in abeyance for a period of two (2) months from this day. (iii) This judgment will not stand in the way of respondent proceeding against other judgment debtors if the respondent is otherwise entitled to that course. (THOMAS P. JOSEPH, JUDGE) Sbna/-