IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 OP(C).No. 3850 of 2011(O) ------------------------------------ PETITIONER: ------------------- P.S.PRAMOD, PRAMEELA BHAVAN,ANCHALAMOODU, THRIKADAVUR,KOLLAM. BY ADVS. SRI.S.SANTHOSH KUMAR. RESPONDENT: ---------------------- P.SARASAN, CHITRA,OLAYIL, KOLLAM WEST VILLAGE, KOLLAM- 691 001. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3850/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE JUDGMENT DATED 23.09.2009 IN O.S.NO.224/2004 OF ADDL.SUB COURT,KOLLAM EXT.P2: TRUE COPY OF THE E.P NO.130/2010 IN O.S. NO.224/2004 EXT.P3: TRUE COPY OF THE DEED OF DISSOLUTION DATED 31.12.2002 EXT.P4: TRUE COPY OF THE F.D. RECEIPT DATED 31.01.2002 EXT.P5: TRUE COPY OF THE I.A.NO.1961/2011 IN O.S. NO.224/2004 EXT.P5(A): TRUE COPY OF THE I.A.NO.1960/2011 IN O.S. NO.224/2004 EXT.P5(B): TRUE COPY OF THE I.A.NO.1938/2011 IN O.S.NO.224/2004 EXT.P6: TRUE COPY OF THE OBJECTION DATED 29.07.2011 FILED BY THE PETITIONER IN E.P NO.130/2010 EXT.P7: TRUE COPY OF THE ORDER DATED 29.10.2011 OF PRINCIPAL SUB COURT,KOLLAM IN E.A. NO.334/2011 IN E.P.NO.130/2010 EXT.P8: TRUE COPY OF THE OBJECTION DATED 01.08.2011 OF THE RESPONDENT IN I.A. 1961/2011 IN O.S.NO.224/2004 EXT.P9: TRUE COPY OF THE PETITION BEFORE PRINCIPAL SUB COURT,KOLLAM IN E.A.NO.855/2011 IN E.P.NO.130/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3850 of 2011 ==================================== Dated this the 29th day of November, 2011 J U D G M E N T Notice to the respondent is dispensed with in view of the decision I propose to take in this proceeding. 2. Third defendant in O.S. No.224 of 2004 of the court of learned Additional Sub Judge, Kollam is the petitioner before me seeking a direction for early disposal of Ext.P5, series - I.A. Nos.1961 of 2011, 1960 of 2011 and 1938 of 2011 and in the meantime to direct learned Principal Sub Judge, Kollam not to proceed with E.P. No.130 of 2010 until disposal of Ext.P5, series applications. 3. Respondent sued petitioner for a decree for recovery of money. As learned counsel submits, defendants 5 and 6 were deleted from the array of parties and a decree was passed against petitioner and defendants 1, 2 and 4. Petitioner claimed that he had not received any summons or information from the court before the decree was passed. Respondent filed E.P. No.130 of 2010 in the court of learned Principal Sub Judge, Kollam for execution of the decree. In the meantime petitioner filed Ext.P5, series applications to set aside the ex parte decree, condone the O.P(C) No.3850 of 2011 -: 2 :- delay in filing that application and for stay of execution of the decree. In those applications respondent has filed objection and the case is posted on 02.12.2011 for evidence and hearing. In the meantime learned Principal Sub Judge is proceeding with the execution petition and has attached property belonging to the petitioner and wife (as petitioner says). Petitioner has filed application for review of the said order. Learned counsel submitted that the property is scheduled to be sold on 13.12.2011 and if before that, Ext.P5, series applications are not disposed of petitioner will be put to irreparable loss and injury. 4. Having heard learned counsel I am inclined to direct learned Additional Sub Judge, Kollam to dispose of Ext.P5, series applications as early as possible and at any rate within one month from 02.12.2011. In the meantime execution proceeding against petitioner could remain in abeyance but subject to conditions. Resultantly, Original Petition is disposed of as follows: (a) Learned Additional Sub Judge, Kollam is directed to dispose of Ext.P5, series applications in O.S. No.224 of 2004 as early as possible and at any rate within one month from O.P(C) No.3850 of 2011 -: 3 :- 02.12.2011. (b) It is directed that execution against petitioner and his property in E.P. No.130 of 2010 (in O.S. No.224 of 2004) of the court of learned Principal Sub Judge, Kollam will stand in abeyance for a period of 40 (forty) days from 02.12.2011 or till learned Additional Sub Judge, Kollam disposed of Exts.P5, series applications, whichever is earlier subject to the condition that petitioner produces in the executing court Bank Guarantee for Rs.50,000/- (Rupees Fifty thousand only) before 13.12.2011 and files affidavit, without prejudice to his contentions in Ext.P5, series applications, in the executing court before the time scheduled for sale of property waiving fresh proclamation for sale. In case of non-compliance of the said conditions, learned Principal Sub Judge can proceed with the execution. O.P(C) No.3850 of 2011 -: 4 :- (c) It is made clear that the Bank Guarantee produced will be subject to the result on Ext.P5, series applications. THOMAS P. JOSEPH, JUDGE. vsv