IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 OP(C).No. 2192 of 2011(O) ------------------------- AGAINST THE ORDER IN E.P.301/2010 IN OS.765/2005 of MUNSIFF COURT, KOLLAM .................... PETITIONER: -------------------- SHABANA, D/O.ABDUL VAHAB, AGED 43 YEARS, L.D.TYPIST, RESIDING AT THEKKEVILA CHERIYIL, VADAKKEVILA HOUSE, MUNDAKKAL VILLAGE, KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): ---------------------------- 1. RAVINDRAN NAIR, S/O.GOPALAN NAIR, AGED 48 YEARS, SREEKRISHNA CHITTY FUND, RESIDING AT MOHAN NIVAS, MONIPALLY WARD, CHAVARA VILLAGE, KOLLAM - 691 001. 2. AJEEB, S/O.VAHAB, AGED 36 YEARS, SOUPARNIKA, VAZHAYAIL BHAGAM MURI, ERAVIPURAM VILLAGE, KOLLAM - 691 001. 3. AKBARSHA, S/O.SHAMSUDEEN, AGED 37 YEARS, PUTHUVEETIL, VADAKEVILA MURI, VADAKEVILA VILLAGE, KOLLAM - 691 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(C) NO.2192/2011 O APPENDIX PETITIONER'S ANNEXURES: P1: COPY OF THE ORDER DTD. 31/03/2011 EP.301/2010 IN O.S.765/2005. P2: COPY OF THE I.A.NO.2853/2011 IN O.S.765/2005. P3: COPY OF THE I.A.NO.2854/2011 IN O.S.765/2005. P4: COPY OF THE E.A.NO.225/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2192 of 2011 ==================================== Dated this the 11th day of July, 2011 J U D G M E N T Petitioner is the second judgment debtor in E.P. No.301 of 2010 in O.S. No.765 of 2005 of the court of learned Munsiff, Kollam. In that suit first respondent has obtained a decree for recovery of money from petitioner and respondents 2 and 3. The decree was passed ex parte and in the course of execution salary of petitioner was attached as per Ext.P1, order. While so, petitioner filed Ext.P4, application (E.A. No.225 of 2011) to review the order of attachment. Learned counsel contends that that application is not so far disposed of. It is also submitted that petitioner has already filed I.A. Nos.2853 and 2854 of 2011 on the trial side to set aside the ex parte decree and condone the delay in filing application to set aside the ex parte decree, stating reasons. Request in this petition is for a direction to the executing court to dispose of Ext.P4, application expeditiously. Having heard learned counsel I am inclined to issue a direction as prayed for. Resultantly, the Original Petition is disposed of with a direction to the learned Munsiff, Kollam to dispose of Ext.P4, O.P(C) No.2192 of 2011 -: 2 :- application (if steps on that application are over) as early as possible and as provided under law. THOMAS P. JOSEPH, JUDGE. vsv