IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 21393 of 2010(O) -------------------------- OS.254/2008 of ADDL.SUB COURT,KOLLAM .................... PETITIONER(S): --------------- NAMBI LEKSHMI, D/O.CHELLAMMAL, RESIDING AT P.G.R.COMPOUND,THAMARAKULAM,KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- P.MANIKANDATAN,S/O.PANNIRYKAI PERUMAL, RESIDING AT HOUSE NO.3,S.K.P.COMPOUND,THAMARAKULAM KOLLAM, PIN 691 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.21393 of 2010 -------------------------------------- Dated this the 19th day of July, 2010. JUDGMENT Additional defendant No.2 in O.S.No.254 of 1998 of the court of learned Additional Sub Judge, Kollam is the petitioner before me. Respondent filed a suit for money against mother of petitioner and on the death of mother, petitioner was impleaded as additional defendant No.2. Petitioner was set exparte on 16.07.2002. That was followed by an exparte decree on 30.10.2002. Later petitioner filed Ext.P2, application (I.A.No.572 of 2003) to set aside the exparte decree. That application was allowed on cost of Rs.5,000/- and posted on 27.07.2004. Petitioner for some reason or other, was not able to comply with the said order and instead, filed application (Ext.P3) for review on 26.07.2004. Ext.P2, application was dismissed for non-payment of cost on 12.10.2004 as per Ext.P4, order. Petitioner challenged that order in W.P.(C) No.2149 of 2005 with request to direct the trial court to dispose of Ext.P3, application for review (even after I.A.No.572 of 2003 was dismissed on 12.10.2004). This Court disposed of W.P.(C) No.2149 of 2005 vide Ext.P5, judgment directing trial court to dispose of Ext.P3, application. Ext.P3, application ended in a dismissal for default as per Ext.P6, order dated 31.01.2008. Thereafter petitioner filed Ext.P7, application for restoration of Ext.P3 and Ext.P8, application to condone the delay of 851 days in filing Ext.P7, application. It is stated by learned counsel that Exts.P7 and P8, applications are pending. In the meantime, respondent filed execution WP(C) No.21393/2010 2 petition and property has been proclaimed for sale on 28.07.2010. Prayer in this Writ Petition is to direct learned Additional Sub Judge to pass orders on Exts.P7 and P8, applications and in the meantime, stay the execution proceedings. Learned counsel for petitioner says that property of petitioner is about to be sold. 2. Having regard to the facts and circumstances stated, I am not persuaded to think that this is a case where execution proceedings are to be stalled for any reason whatsoever. But learned Additional Sub Judge is directed to dispose of Exts.P7 and P8, applications at the earliest. I make it clear that it will be open to the petitioner to move execution court with appropriate application if he is otherwise entitled to that course. Writ Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks