IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 OP(C).NO. 735 OF 2010(O) ------------------------------------- OS.1463/2007 OF II ADDL.M.C.,TRIVANDRUM .................... PETITIONER: -------------------- SOMAN, S/O.BHASKARAN, AGED 52 YEARS,MEENAKSHI BHAVAN, T/C.43/496,MUTTATHARA,MANACAUD,THIRUVANANTHAPURAM BY ADV. SRI.PATHIRIPALLY S.KRISHNAKUMARI SRI.SABU S.KALLARAMOOLA RESPONDENT(S): -------------------------- CHANDRASEKHARAN NAIR, SANKARA NIVAS, T.C.47/1467-2,POONTHURA P.O.,MUTTATHARA, THIRUVANANTHAPURAM THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.735 of 2010 ==================================== Dated this the 16th day of November, 2010 J U D G M E N T Petitioner is the defendant in O.S. No.1463 of 2007 and judgment debtor in E.P. No.52 of 2008 of the court of learned Additional Munsiff-II, Thiruvananthapuram. Respondent obtained an ex parte, money decree against petitioner on 25.01.2008 and launched execution. Notice of execution proceeding was served on petitioner, he entered appearance and filed objection to the execution proceeding. Executing court passed an order against petitioner on 01.06.2010. To review that order petitioner filed E.A. No.431 of 2010. That application was dismissed. In the meantime petitioner filed applications to set aside the ex parte decree, condone the delay in filing that application and for stay of execution but all on the execution side. Those applications were dismissed as not maintainable on 24.06.2010. Thereafter petitioner preferred Exts.P6 and P7 (I.A. Nos.8922 and 8923 of 2010) on the trial side to condone the delay of 1010 days and to set aside the ex parte decree. According to the petitioner when the O.P(C) No.735 of 2010 -: 2 :- case came up for trial in the list he was undergoing inpatient treatment and a medical certificate to that effect was also produced. Exhibits P6 and P7 are pending consideration of learned Munsiff but steps are not complete. In the meantime warrant of arrest is issued to the petitioner. Prayer in this petition is for a direction to dispose of Exts.P6 and P7 and in the meantime to keep in abeyance further proceeding in execution. 2. Plaint claim is Rs.32,580/- which carries future interest and costs as per the ex parte decree. Now the amount due is around Rs.70,000/-. It is true that Exts.P6 and P7 are pending consideration of the learned Munsiff. Question whether ex parte decree is liable to be set aside is a matter to be decided by the learned Munsiff. Having regard to the facts and circumstances of the case I am inclined to grant some relief to the petitioner but subject to conditions. Resultantly, this Original Petition is disposed of in the following lines: (i) Learned Additional Munsiff-II, Thiruvananthapuram is directed to dispose of Exts.P6 and P7 applications (I.A.Nos.8922 and 8923 of 2010 in O.P(C) No.735 of 2010 -: 3 :- O.S No.1463 of 2007) as early as possible after completing the preliminary steps. (ii) Warrant of arrest issued to the petitioner will stand in abeyance for a period of three (3) months from this day or till Exts.P6 and P7 are disposed of whichever is earlier on condition that petitioner deposits Rs.35,000/- (Rupees Thirty five thousand only) in the executing court within two months from this day. THOMAS P. JOSEPH, JUDGE. vsv