IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 537 of 2008(L) ----------------------------------- OS.130/2006 OF MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: ------------------- NAZEER,S/O. YUNUSKUTTY, AGED 41 YEARS N.S.VILLA, MUZHANGODIMURI,THODIYOOR P.O. KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN. RESPONDENTS: ------------------------ 1. Y.MUHAMMED KUNJU,VAZHUTHIYIL VEEDU PALAKKAL MURI,THEVALAKRA VILLAGE, KARUNAGAPPALLY TALUK, PIN NO. 690524. 2. SAJI,MANIKUNNEL VADAKKATHIL, MYNAGAPPALLY THEKKUM MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, MYNAGAPPALLY.P.O. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 537 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T This writ petition is filed seeking a direction to the Munsiff Karunagappally to consider I.A.Nos.1371 and 1372/07 in O.S.130/06 and also for a direction not to proceed with the execution of the decree. The writ petitioner is the defendant in the suit against whom an exparte decree has been passed. It is contended by the writ petitioner that he has no acquaintance with the plaintiff and no notice had been served on him and therefore the decree is liable to be set aside and for that purpose with a petition to condone the delay he has filed the above two applications. It is seen that the above applications are filed in the month of September, 2007 and it is still pending consideration. When the whole transaction is denied and service of notice is also denied it is better that the Court consider those two applications before proceeding to execute the decree. Therefore I direct the W.P.C 537 OF 2008 -:2:- Munsiff, Karunagappally to consider I.A.1371/07 and I.A.1372/07 within a time frame of six weeks from the date of receipt of a copy of the judgment and also direct the said Court not to proceed with the execution for a period of two months. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-