IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 87 of 2010(O) ----------------------- EP NO.432/2005 IN OS.956/2002 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- SURENDRAN, AGED 52, S/O.CHEMBANADATH KRISHNAN, KIZHAKUMPATTUKARA DESOM, PERINGAVU VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- CHANDY'S CARMEL CHITTIES (P) LTD., POST OFFICE ROAD, THRISSUR VILLAGE, THRISSUR TALUK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.87/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF JUDGMENT IN OS 956/2002 DATED 5.3.2005 ON THE FILE OF THE IST ADDITIONAL SUB COURT, THRISSUR EXT.P2 A TRUE OPY OF THE SALE CERTIFICATE ISSUED IN EP NO.432/2005 IN OS NO.956/2002 ON THE FILE OF THE 2ND ADDITIONAL SUB COURT, THRISSUR EXT.P3 A TRUE COPY OF THE EA NO.1565/09 IN EP 432/05 IN OS 956/02 ON THE FILE OF THE 2ND ADDL.SUB COURT, THRISSUR DATED 28.10.2009 EXT.P4 A TRUE COPY OF THE EA NO.2028/2009 IN EA 1563/2009 IN EP NO.432/2005 IN OS 956/02 ON THE FILE OF ADDITIONAL SUB COURT, THRISSUR EXT.P5 A TRUE COPY OF THE EA NO.2029/2009 IN EP NO.432/2005 IN OS NO.956/2002 ON THE FILE OF ADDL.SUB COURT, THRISSUR DATED 19.12.2009 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.87 of 2010 -------------------------------------- Dated this the 9th day of June, 2010. JUDGMENT Petitioner is judgment debtor No.2 in E.P.No.432 of 2005 in O.S.No.956 of 2002 of the court of learned Additional Sub Judge-II, Thrissur. Petitioner remained exparte in the execution proceeding. Later, he filed applications to set aside exparte order and for stay of delivery of property Those applications were dismissed for default. Thereafter petitioner filed Ext.P3, application for restoration of the applications dismissed for default and since in the meantime executing court had ordered delivery Ext.P4, application to set aside the same. Now the request is to direct executing court to dispose of Exts.P3 and P4, applications and in the meantime to keep delivery of property in abeyance. 2. Notice of this petition was served on the respondent by special messenger but there is no response. Learned counsel for petitioner states that Exts.P3 and P4, applications are pending consideration. 3. Having regard to the circumstances stated, I direct the executing court to dispose of Exts.P3 and P4, applications at the earliest if preliminary steps on those applications are over. So far as keeping the order of delivery in WP(C) No.87/2010 2 abeyance is concerned, it will be open to the petitioner to make a request in the executing court for appropriate orders. Writ Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks