IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 11139 of 2008(A) --------------------------------------- O.S.140/2004 OF MUNSIFF COURT, KARUNAGAPPALLY. .................... PETITIONER: ------------------- KENNADI, S/O.HENRY, KUNNATHU KADAVIL HOUSE, THEVALAKKARA VILLAGE, ARINELLOOR P.O., KOLLAM, PRESENTLY MANROTHURUTHU VILLAGE. BY ADV. SRI.K.BABU THOMAS. RESPONDENT: ---------------------- GEETHA TITUS, D/O.CIRILAMMA, KUNNATHU KADAVIL HOUSE, ARINELLOOR P.O., THEVALAKKARA VILLAGE, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.11139 OF 2008 ===================== Dated this the 9th day of April 2008 JUDGMENT This writ petition is preferred with a prayer to quash Ext.P6 proceedings and for a direction to the court below for consideration and disposal of Exts.P2 to P5 applications in O.S.No.500 of 2005. A perusal of the judgment produced in the case would reveal that the petitioner filed a suit and he was also a defendant in another suit. He remained ex parte and so his suit was dismissed and the other suit was decreed. By the decree, it was declared that the document executed by the plaintiff in the suit is invalid and so there was a further direction to remove the foundation put up in that property. It is with these prayers the execution petition is also filed. It is submitted that he has moved an application for setting aside the ex parte decree in that suit as well as for restoration of the other suit which was dismissed for default with a petition to condone the delay of 153 days. The suit was based on a registered document and it is that document which is declared invalid. So, it is desirable that the execution proceedings are not proceeded with till those applications are disposed of. Therefore I direct the WP(C) 11139/2008 -:2:- court below to dispose of Exts.P2 to P5 as expeditiously as possible, at any rate, on or before 16.6.2008 and a further direction is given not to proceed with the execution proceedings till the disposal of that applications. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-