IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 3975 of 2009(W) ----------------------------------- AGAINST THE ORDER DATED / / IN EP 412/05 IN OS.327/1998 of PRL.SUB COURT,THRISSUR .................... PETITIONER : ---------------- FRANCIS, S/O.CHEMMUNDA SAIMON SUBHASH NAGAR, CHIYYARAM VILLAGE AND DESOM, THRISSUR TALUK. BY ADV. SRI.R.D.SHENOY, SENIOR ADVOCATE SRI.S.VINOD BHAT RESPONDENTS : ------------------- 1. ROY, S/O.KONIKKARA JOHN NEAR PUTHENPALLY , ERINJERI ANGADI, CHEMBOOKAVU VILLAGE, THRISSUR TALUK, THRISSUR. 2. LISSY, W/O.LATE CHEMMANDA PAULSON, CHEMMUNDA HOUSE, NAVAJYOTHI NAGAR, NELLIKUNNEL MURIYIL, OLLUKKARA VILLAGE, THRISSUR TALUK. 3. MERVIN, S/O.LATE PAULSON, CHEMMUNDA HOUSE, NAVAJYOTHI NAGAR, NELLIKUNNEL MURIYIL OLLUKKARA VILLAGE, THRISSUR TALUK. 4. JEEVAN, S/O.LATE PAULSON, CHEMMUNDA HOUSE NAVAJYOTHI NAGAR, NELLIKUNNEL MURIYIL OLLUKKARA VILLAGE, THRISSUR TALUK. ADV. SRI.DINESH R.SHENOY FOR R1 SRI.A.JOSEPH GEORGE FOR R1 SRI.G.HARIKRISHNAN (TRIPUNITHURA) FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- W.P.(C) No.3975 OF 2009 --------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The petitioner is the second judgment debtor in E.P.No.412/2005 in O.S.No.327/1998 on the file of the Principal Sub Court, Thrissur. The executing court set the petitioner exparte on 05.06.2006. On 13.11.2008, the petitioner filed Exts.P4 and P5 applications to set aside the exparte order and to condone the delay. The prayer in the Writ Petition is to issue a direction to the court below to dispose of Exts.P4 and P5 applications and pending the disposal of the same to keep in abeyance the execution proceedings. 2. The learned counsel appearing for the decree holders submitted that in the execution proceedings what remains is delivery of possession. As per the interim order dated 06.02.2009 passed in this writ petition, stay of delivery was granted for a period of two weeks and it was being extended from time to time. In the meanwhile, settlement talks were also going on between the parties. Now, it is reported that the matter has not been settled between the parties. W.P.(C) No.3975 of 2009 2 3. In the facts and circumstances of the case, there will be a direction to the Sub Court, Thrissur to dispose of E.A.Nos.1250/2008 and 1247/2008 in E.P.No.412/2005 (Exhibits P4 and P5) in O.S.No.327/1998 as expeditiously as possible and at any rate before 30th June, 2009. Pending disposal of the application, delivery shall stand adjourned. It is made clear that I have not expressed any opinion on the merits of the applications. The Writ Petition is disposed of. K.T.SANKARAN JUDGE pac