IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 OP(C).No. 114 of 2011(O) OS.23/2005 OF SUB COURT, NEYYATTINKARA PETITIONER: -------------------- K.ANILKUMAR,S/O.KRISHNAN KUTTY, R.K.K.SADANAM,KALPAAD,VENPAKAL DESOM, ANTHIYOOR VILLAGE. BY ADV. SRI.G.S.REGHUNATH RESPONDENT: --------------- MONI,S/O.JAMES,KARUNYA,VAZHUTHOOR DESOM, PERUMVAZHUTHOOR VILLAGE,NEYYATTINKARA, THIRUVANANTHAPURAM-695121. ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.23/2005 ON THE FILE OF THE SUB COURT, NEYYATTINKARA. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.23/2005 ON THE FILE OF THE SUB COURT, NEYYATTINKARA. EXT.P3 TRUE COPY OF THE JUDGMENT IN O.S.NO.23/2005 OF THE SUB COURT, NEYYATTINKARA. EXT.P4 TRUE COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE DATED 10.7.2006 ISSUED FROM P.R.S.HOSPITAL, TRIVANDRUM. EXT.P5 TRUE COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE DATED 1.6.2006 ISSUED FROM VISRO, VIKRAM SARABHAI SPACE CENTRE. EXT.P6 TRUE COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCE. EXT.P7 TRUE COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE DATED 29.11.2010 ISSUED BY DR.R.JAYAKUMAR, D.P.M., M.D. EXT.P8 TRUE COPY OF THE PETITION FOR SETTING ASIDE THE EXPARTE DECREE DATED 24.8.2006. EXT.P9 TRUE COPY OF THE PETITION FOR CONDONING THE DELAY DATED 24.8.2006. EXT.P10 TRUE COPY OF THE APPLICATION FOR RESTORING THE PETITION FOR SETTING ASIDE THE EXPARTE DECREE DATED 4.1.2011. EXT.P11 TRUE COPY OF THE PETITION FOR CONDONING THE DELAY DATED 4.1.2011. EXT.P12 TRUE COPY OF THE PETITION FOR STAYING THE EXECUTION OF THE SALE DEED TILL EXTS.P10 AND P11 ARE CONSIDERED AND DISPOSED OF, DATED 4.1.2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 114 OF 2011 O ------------------------------------------------------ Dated this the 23rd day of February, 2011 JUDGMENT The respondent instituted O.S.No.23 of 2005 on the file of the Sub Court, Neyyattinkara against the petitioner for specific performance of an agreement for sale. An exparte decree was passed on 13.10.2005. The petitioner filed I.A.No.1208 of 2006 under Order IX Rule 13 of the Code of Civil Procedure to set aside the exparte decree. That application was dismissed for default on 16.10.2007. The petitioner filed I.A.No.74 of 2011 to restore I.A.No.1208 of 2006 and I.A.No.76 of 2011 to condone the delay of 1144 days in filing I.A.No.74 of 2011. The petitioner also filed I.A.No.75 of 2011 to stay the execution of the sale deed pending disposal of I.A.Nos.74 and 76 of 2011. 2. The relief sought for by the petitioner in this Original Petition is to issue a direction to the Sub Court, Neyyattinkara to dispose of I.A.Nos.74, 75 and 76 of 2011 and to stay the proceedings for execution of the sale deed till then. O.P.(C) NO.114 OF 2011 O :: 2 :: 3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. In the facts and circumstances of the case, the Original Petition is disposed of as follows: The Sub Court, Neyyattinkara shall consider and dispose of I.A.Nos.74 of 2011, the application filed by the petitioner to restore I.A.No.1208 of 2006, and also the application for condonation of the delay in filing I.A.No.74 of 2011, as expeditiously as possible and, at any rate, on or before 31.3.2011. Till then, the execution of the sale deed shall be kept in abeyance. It is made clear that I have not expressed any opinion on the merits of the case. (K.T.SANKARAN) Judge ahz/