IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 OP(C).No. 1159 of 2010(O) -------------------------------- OS.46/2005 of SUB COURT, PAYYANNUR .................... PETITIONER --------------- JOSEPH, AGED 47 YEARS, S/O.MATHEW, EANTHUMKUZHIYIL HOUSE, NADUVIL DESHAM, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN-670 582. BY ADVS. SRI.KAPPILLIL ANILKUMAR SMT.K.U.MANJU RESPONDENT(S): --------------------- RAJU K.MATHEW, AGED 48 YEARS, S/O.MATHAI, KOCHUPONGANAL HOUSE, CHITTARIKKAL AMSHAM, HOSDURG TALUK, KASARGOD DISTRICT, PIN-671 326. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1159 of 2010 ==================================== Dated this the 15th day of December, 2010 J U D G M E N T Defendant in O.S. No.46 of 2005 of the court of learned Sub Judge, Payyannur is the petitioner before me seeking a direction for early disposal of Ext.P4, application. Respondent filed the suit for specific performance of an alleged agreement for sale. Petitioner filed written statement on 18.11.2005 followed by Ext.P2, application for amendment of written statement. That application was dismissed on 06.07.2010. On the same day learned Sub Judge passed ex parte decree in favour of respondent. Petitioner filed application to set aside the ex parte decree. Grievance of petitioner is that the said application has not so far been disposed of. Learned counsel requests that court below may be directed to dispose of the application at the earliest. 2. It would appear that even as on 18.03.2009 there was an ex parte decree passed against the petitioner, that was set aside and then again an ex parte decree was passed on 06.07.2010. It is not clear whether steps on the application to set aside the ex parte decree are complete. It is open to the petitioner to request learned Sub Judge to dispose of the application to set O.P(C) No.1159 of 2010 -: 2 :- aside ex parte decree at the earliest and if any such request is made, learned Sub Judge shall consider the request and pass appropriate orders. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv