IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 OP(C).No. 4049 of 2011(O) -------------------------------- OS.168/2006 of MUNSIFF COURT,HARIPAD .................... PETITIONERS: ----------------- 1. ARATTUPUZHA THEKKEKARA KAYAR VYASAYA SAHAKARANA SHANGHA LTD. ON. 325, REPRESENTED BY ITS PRESIDENT, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. 2. SUKUMARAN, ANANDAVADIYIL, PUTHIYAVILA MURI, ARATTUPUZHA VILLAGE, PRESIDENT, ARATTUPUZHA THEKKEKARA KAYAR VYAVASAYA SAHAKARANA SANGAHAM LTD. NO. 325, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): -------------------- GOWRIKUTTY AMMA, PUTHENTHARYIL (KOLLASSERI), PUTHIYA VILA MURI, KANDALOOR, NOW RESIDING AT KOLLASSERI VEETIL, MARENTHAN CHERIYIL, THRIKKUVUR VILLAGE-688 011. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 4049/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DECREE PASSED IN O.S 168/2011 DATED 31/01/2009 P2: COPY OF THE APPLICATION FILED FOR CONDONING THE DELAY AS I.A NO. 1614 OF 2011 P3: COPY OF THE APPLICATION FILED TO SET ASIDE EX PARTE DECREE AS I.A NO.1615 OF 2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4049 of 2011 --------------------------------------- Dated this 12th day of December, 2011 JUDGMENT Petitioners are the judgment debtors in O.S.No.168 of 2006 of the Court of learned Munsiff, Haripad. Respondent filed that suit for recovery of possession of property, fixation of boundary and other reliefs. An ex parte decree was passed against petitioners on 31.01.2009. Claiming that petitioners had entrusted the case file to an advocate who later left India for job but he did not inform petitioners about the case and hence they could not appear in Court on the relevant day and that they learned about the ex parte decree only when they received notice on the execution petition. Petitioners filed I.A.Nos.1614 and 1615 of 2011 (Exts.P2 and P3) before the learned Munsiff to set aside the ex parte judgment and decree. In the meantime, respondent has filed E.P.No.35 of 2011 for execution of the decree. Learned counsel tells me that both proceedings are now posted on 03.01.2012. 2. Having regard to the circumstances stated, it is appropriate that learned Munsiff disposed of Exts.P2 and P3, applications before proceeding further with the execution O.P(C).No.4049 of 2011 -: 2 :- proceeding. Hence, this original petition is disposed of as follows: (i) Learned Munsiff, Haripad is directed to dispose of Exts.P2 and P3, applications, if preliminary steps are over as early as possible at any rate before 25.01.2012. (ii) It is directed that the proceeding in E.P.No.35 of 2011 will stand in abeyance till 25.01.2012 or up to a week from the date notified for delivery of a copy of the order on Exts.P2 and P3, applications (in case it is decided against petitioners), whichever is earlier. (THOMAS P. JOSEPH, JUDGE) Sbna/-