IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 OP(C).No. 3520 of 2011(O) ------------------------------------- [EP.NO.338/2010 IN OS.NO.298/2009 OF MUNSIFF'S COURT, KODUNGALLUR] .................... PETITIONERS: --------------------- 1. ABDUL GAFOOR, S/O.SAIDUMUHAMMED, EDVANAKKATT HOUSE, METHLA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. ABDUL NAZER, S/O.SAIDUMUHAMMED,EDVANAKKATT HOUSE, METHLA VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.A.A.ZIYAD RAHMAN, SRI.LAL K.JOSEPH, SMT.M.C.SANITHA. RESPONDENT: ---------------------- CHUNGATH CHITTIES (PVT) LTD, ARAKULAM, METHAL VILLAGE, KODUNGALLUR TALUK, KODUNGALLUR P.O, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 686 010. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3520/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE DECREE DT.23.3.2010 IN OS.298/2009. EXT.P2: TRUE COPY OF THE EP 338/2010 IN OS. 298/2009 BEFORE THE MUNSIFF COURT, KODUNGALLUR. EXT.P3: TRUE COPY OF THE IA.350/2011 IN OS. 298/2009 BEFORE THE MUNSIFF COURT, KODUNGALLUR. EXT.P3(A): TRUE COPY OF THE .IA.351/2011 IN OS. 298/2009 BEFORE THE MUNSIFF COURT, KODUNGALLUR. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3520 of 2011 -------------------------------------- Dated this the 31st day of October, 2011. JUDGMENT Petitioners are judgment debtors 1 and 2 in E.P.No.338 of 2010 in O.S.No.298 of 2009 of the court of learned Munsiff, Kodungallur. Respondent obtained a money decree and put the decree in execution. Warrant of arrest was ordered against petitioners on 29.08.2011. In the meantime, petitioners filed Exts.P3 and P3(a), applications to set aside the exparte decree and to condone the delay. It is stated that petitioners could not contest the suit since the relevant documents were misplaced. Prayer in this petition is for a speedy disposal of Exts.P3 and P3(a), applications within a time frame and in the meantime to keep the warrant of arrest in abeyance. 2. Having heard learned counsel I am inclined to direct learned Munsiff, Kodungallur to dispose of Exts.P3 and P3(a), applications as early as possible if steps on those applications are over since on the execution side warrant of arrest has been issued to the petitioners. OP(C)No.3520/2011 2 Resultantly this Original Petition is disposed of directing the learned Munsiff, Kodungallur to dispose of Exts.P3 and P3(a), applications, if steps on those applications are over and there is no legal impediment in its disposal, as early as possible bearing in mind that on the execution side the court has issued warrant of arrest to the petitioners. THOMAS P.JOSEPH, Judge. cks