IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 9419 of 2009(O) ------------------------- AGAINST THE ORDER IN EP 44/2008 IN OS.126/2003 of MUNSIFF COURT,ATTINGAL .................... PETITIONER: --------------- A.NAZARUDDEEN, S/O.ABDUL RAHMAN KAVUMOOLA VEETTIL, CHITTALINKARA, THIRUVANANTHAPURAM. BY ADV. MR. T.M.CHANDRAN RESPONDENTS: ------------------ BINU SUNIL, W/O.DR.SUNIL MELETHARA VEEDU, ALINARA WARD, AYIRAPARA VILLAGE, KATTAYIKONAM P.O. THIRUVANANTHAPURAM. ADV. MR. M.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKU MAR,J. ........................................................... W.P.(C) No. 9419 of 2009 ........................................................... Dated, this the 27th day of May, 2009. JUDGMENT Heard both sides. The writ petitioner is the plaintiff in O.S. No. 126 of 2003 on the file of the Munsiff's Court, Attingal. The said suit was one for recovery of possession of the plaint schedule building with arrears of rent and for perpetual injunction. The suit was filed as early as in the year 2003. The suit was once decreed ex parte and the ex parte decree was got set aside by the respondent who has thereafter been also resorting to dilatory tactics to see that the evil day is postponed. Even though he filed a written statement in the suit, he did not participate in the trial and the suit was eventually decreed ex parte on 09.01.2008. It is five years after the institution of the suit that the respondent claims to have filed an application to set aside the ex parte decree. It will have to be disposed of in the usual course. The petitioner/decree holder has filed E.P. No. 44 of 2008. The W.P.(C) No. 9419/2009 : 2 : respondent had kept huge arrears of rent necessitating applications by the writ petitioner and orders by the court. Now that the decree has become final without there being an appeal and the decree-holder has filed E.P. No. 44 of 2008, it is only just and proper that the E.P is finally disposed of. Accordingly, this writ petition is disposed of directing the learned Munsiff to dispose of E.P. No. 44 of 2008 as expeditiously as possible and at any rate within three months of receipt of a copy of this judgment. The parties shall appear before the Executing Court on 10.06.2009 without any further notice. Dated this the 27th day of May, 2009. V. RAMKUMAR, JUDGE. rv