IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 1704 of 2009(C) ------------------------------------------ EP.118/2008 IN OS.506/1995 of ADDL.M.C., KOTTAYAM .................... PETITIONER: KUNJOONJAPPAN, S/O.KUTTAPPAI, KUMARATHUSSERIL HOUSE, THEKKUMBHAGOM, WARD VIII, KUMARAKOM VILLAGE, KOTTAYAM. BY ADV. SRI.G.HARIHARAN RESPONDENT: JOSEPH ABRAHAM, S/O. ABRAHAM, KALAPPURAYILAYA, PARAPPURATHU HOUSE, SOUTH CHENGALAM, CHENGALAM VILLAGE, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.1704 of 2009 C -------------------------- JUDGMENT This writ petition is filed by the judgment debtor in E.P.No.118/08 in O.S.No.506/95 on the file of the Munsiff's Court, Kottayam. It is submitted that the prayer in the execution petition was for personal execution and the petitioner filed objection thereto by setting up a plea of no means. In the enquiry, respondent/decree holder tendered evidence as Witness No.1 and he was cross-examined by the counsel for the petitioner/judgment debtor. Petitioner/judgment debtor did not turn up to adduce any oral evidence. The execution court passed Exhibit P2 order dated 18.12.2008 considering the evidence adduced at trial, allowing personal execution against the petitioner. The said order is not assailed in this writ petition. Petitioner/judgment debtor filed Exhibit P3 application explaining the absence of his counsel on 15.12.2008 when the case was called and seeking WPC 1704/09 2 for an order setting aside the order passed by the execution court on 15.12.2008, setting the petitioner/judgment debtor ex parte and to allow him to adduce evidence. Counsel for the petitioner submits that till now no orders are passed on Exhibit P3 application. 2. Exhibit P3 application does not show as to when that application was filed and as to what is its EA number or whether it was filed at all. However, when Exhibit P2 order is not assailed, petitioner is not entitled to any relief in this writ petition. 3. Counsel for the petitioner submits that at least there may be an order directing the court below to pass appropriate orders on Exhibit P3 application filed for review of the order passed on 15.12.2008 setting the petitioner/judgment debtor ex parte. If at all such a petition is already filed in the court below, the court below shall pass appropriate orders positively within two weeks WPC 1704/09 3 from the date on which a copy of this judgment is produced before it by the petitioner/judgment debtor. Counsel for the petitioner is directed to cause production of a copy of this judgment in the court below as early as possible. The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 15th January, 2009 (K.P.Balachandran, Judge) tkv