IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 OP(C).No. 1905 of 2011(O) ------------------------- OS.535/2004 of MUNSIFF'S COURT,KOTTAYAM .................... PETITIONER: ---------------------- ON DOT COURIER AND CARGO LTD., AO2ND FLOOR NORTH PLAZA,NORTH RAILWAY STATION, NOW WORKING AT AZAD ROAD OFFICE, PC ROAD, KALOOR, COCHIN REPRESENTED BY ITS ACCOUNTS MANAGER, MR.DEEPAK KUMAR. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): --------------------------- S.V.M.TECHNOLOGIES, REPRESENTED BY ITS MANAGING PARTNER K.S.RAJESH, KANAKKACHERRY HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADVS. SRI.GIGIMON ISSAC, SRI.BABY THOMAS, SRI.S.MANU. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.1905/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF I.A.NO.333/2011 IN O.S.NO.535/04 ON THE FILE OF MUNSIFF'S COURT, KOTTAYAM. P2: COPY OF I.A.NO.322/2011 IN O.S.NO.535/04 ON THE FILE OF MUNSIFF'S COURT, KOTTAYAM. P3: COPY OF EXECUTION PETITION NO.356/10 IN O.S.535/04 FILED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1905 of 2011 -------------------------------------- Dated this the 22nd day of August, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.356 of 2010 of the court of learned Principal Munsiff, Ernakulam where the decree in O.S.No.535 of 2004 of the court of learned Munsiff, Kottayam is being executed. According to the petitioner, the decree for payment of money was passed exparte and it has filed I.A.Nos.322 and 323 of 2011 before learned Munsiff, Kottayam to set aside the exparte decree and to condone the delay in filing that application. In the meantime, executing court has ordered attachment of movables of petitioner. At that stage petitioner approached this Court with this petition. 2. I have heard learned counsel on both sides. Learned counsel for respondent submits that the instruction given to him is that I.A.Nos.322 and 323 of 2011 have already been taken up for orders. Learned counsel for petitioner submits that petitioner has already complied with the conditions imposed on it by this Court as per order dated June 17, 2011. OP(C) No.1905/2011 2 3. Having heard learned counsel on both sides I am inclined to think that it is appropriate to keep in abeyance proceeding against movables of petitioner until learned Munsiff disposed of I.A.Nos.322 and 323 of 2011 but, subject to condition that petitioner will not remove or dispose of the movables sought to be attached until disposal of the said applications. Resultantly this Original Petition is disposed of directing that the interim order passed by this Court on June 17, 2011 in the matter of proceeding in E.P.No.356 of 2010 (in O.S.No.535 of 2004) will remain in force until learned Munsiff, Kottayam disposes of I.A.Nos.322 and 323 of 2011 subject to the condition that the affidavit filed by petitioner as ordered by this Court on June 17, 2011 will also remain in force during the time this order remains in force. THOMAS P.JOSEPH, Judge. cks