IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 1214 of 2010(O) -------------------------------------- OS.175/2008 of MUNSIFF COURT, PARAPPANANGADI .................... PETITIONER/DEFENDANT ------------------------------------- U.P. USMAN, S/O.SOOPI, AGED 50 YEARS, THOMMIL PUTHIYAKATHU HOUSE, TIRUR, PROPRIETOR, NEWS STAR LIGHT AND SOUND, SAMADANI ROAD, TANUR. BY ADV. MR.ALEXANDER GEORGE RESPONDENTS/PLAINTIFF --------------------------------------- MOHAMMAD HANEEFA, S/O.KUNJAYIN HAJI, CHERICHAM VEETTIL, PUTHENPURAYIL P.O., REPRESENTED BY HIS POWER OF ATTORNEY MOIDEEN BAVA, PALLIVALAPPIL HOUSE, TIRUR TALUK, MANGALAM AMSOM, KUTTAYI DESOM. BY ADV. MR.K.P.SUDHEER, SMT.P.JAYALAKSHMI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1214/2010-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.S.175/2008 ON THE FILE OF MUNSIFF'S COURT, PARAPPANANGADI. EXT.P2: COPY OF THE I.A. NO.82/2010 IN O.S.175/2008 ON THE FILE OF MUNSIFF'S COURT, PARAPPANANGADI. EXT.P3: COPY OF THE I.A. NO.83/2010 IN O.S.175/2008 ON THE FILE OF MUNSIFF'S COURT, PARAPPANANGADI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.BHAVADASAN, J. ------------------------------------- WP(C) No.1214 of 2010-O ------------------------------------- Dated 15th February 2010 Judgment This is a petition filed under Article 227 of the Constitution of India, seeking the following reliefs : “(A) To call for the records leading to OS 175/08 and EP 196/09 on the file of the Munsiff's Court, Parappanangadi and peruse the same. (B) Issue a direction to the Munsiff's Court, Parappanangadi to keep in abeyance the proceedings in EP 196/09 in OS 175/08 till the disposal of IA 82/2010 and IA 83/2010. (C) Direct the Munsiff's Court, Parappanangadi to consider Ext.P2 and P3 petitions within a prescribed time limit.” 2. The petitioner is the defendant in OS No.175/08 before the Munsiff's Court, Parappanangadi, which is a suit for mandatory injunction. It is claimed that in the suit, the petitioner had entered appearance and sought for time for filing a written statement. In the written statement, several contentions were taken. Subsequently, it seems that the suit was decreed ex parte. The petitioner filed applications namely, IA Nos.82/10 and 83/10, one to condone the delay in filing the application for setting aside WPC 1214/10 2 the ex parte decree and the other for setting aside the ex parte decree respectively. The execution petition filed by the plaintiff is posted to 15.01.2010 and therefore, the petitioner submits, unless the execution proceedings are kept in abeyance, he will be put to irreparable injury. Hence this Writ Petition, seeking the above reliefs. 3. The prayers made by the petitioner seem to be just and reasonable. Therefore, there will be a direction to the Munsiff's Court, Parappanangadi to keep the execution proceedings in EP No.196/09 in O S No.175/08, in abeyance, till the disposal of IA Nos.82/10 and 83/10 filed by the petitioner herein. The above applications shall be disposed of as expeditiously as possible, at any rate, within one month from the date of receipt/production of a copy of this Judgment. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 1214/10 3 WPC 1214/10 4