IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 OP(C).No. 614 of 2011(O) ------------------------ OS.1067/2007 of PRL.M.C.,ERNAKULAM .................... PETITIONER --------------------- KARMILY,AGED 64,W/O.LATE XAVIER, PANEKKATT HOUSE,VYTTILA DESOM,POONITHURA VILLAGE KANAYANNOOR TALUK, ERNAKULAM DISTRICT BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S): --------------- SURESH BABU, S/O.VELAYUDHAN, PANEKKAPADATH HOUSE,M.A.BALAKRISHNAN ROAD, ERNAKULAM-682018 ADV. SRI.S.SREEKUMAR FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 614 of 2011(O) PETITIONER'S EXTS: EXT.P1: COPY OF SALE DEED NO.1183/97 OF SRO, MARADU EXT.P2: COPY OF JUDGMENT IN OS NO.1067/07 OF MC, ERNAKULAM EXT.P3: COPY OF DECREE IN OS NO.1067/07 OF MC, ERNAKULAM EXT.P4: COPY OF COMMISSION REPORT IN OS NO.1067/07 OF MC, ERNAKULAM EXT.P5: COPY OF PETITION NUMBERED AS EA NO.348/09 IN OS NO.571/99 OF PRL.SUB COURT, ERNAKULAM EXT.P6: COPY OF PETITION FILED BY THE PETITIONER IN EXT.P5 CASE. RESPONDENT'S EXTS: NIL /TRUE COPY/ P.A.TO JUDGE TRANSPOSE K.T.SANKARAN, J. --------------------------------- O.P(C)No.614 OF 2011 --------------------------------- Dated this the 23rd day of June, 2011 JUDGMENT The petitioner filed a claim petition in E.P.No.373 of 2003 in O.S.No.571 of 1999 on the file of the Prl.Sub Court, Ernakulam. The Executing Court dismissed the claim petition for default. The petitioner filed E.A.No.287 of 2011 for restoration of the claim petition. The only relief which is pressed now is to issue a direction to the Court below to consider the application for restoration expeditiously before the sale is effected. 2. The petitioner has filed a claim petition under Order XXI Rule 58 of the Code of Civil Procedure. That application is to be disposed on the merits before the execution sale. However, the application under Order XXI Rule 58 was dismissed for default. The petitioner has filed an application for restoration of that application. In these circumstances, it is only proper to dispose of the application for restoration expeditiously. O.P(C)No.614 OF 2011 2 Accordingly, the Original Petition is allowed. The Prl.Sub Court, Ernakulam shall consider and dispose of the application for restoration and the application for condonation of delay filed by the petitioner as expeditiously as possible, before the execution sale. It is made clear that no view is expressed on the merits of the applications. K.T.SANKARAN, JUDGE. cms