IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 11802 of 2009(O) --------------------------------------- OS.NO.243/2007 OF MUNSIFF COURT, PERUMBAVOOR. .................... PETITIONER: ------------------- VIJAYAN, AGED 47 YEARS, S/O.LATE NARAYANAN, MATASSERY KUTI,KOMBANAT KARA, KOMBANAT VILLAGE. BY ADV. MR.RAJESH VIJAYAN. RESPONDENT: ---------------------- OMANA,AGED 55 YEARS, W/O.CHAMUNNY,MANNATHPARAMBU HOUSE, KANNAMPARA KARA,KANNAMPARA VILLAGE, ALATHUR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.11802 of 2009 - O --------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To issue a writ or order directing the Munsiff Court, Perumbavur to dispose of I.A.No.424/2009 and 423/2009 which are the delay condonation petition and the petition to set aside the exparte decree, immediately or within a time limit which may be prescribed by this Honourable Court. ii) To issue a writ or order directing the learned Munsiff Court, Perumbavur not to proceed with the disposal of I.A.No.424/2009 and 423/2009, pending before the Munsiff Court, Perumbavur.” 2. Petitioner is the 2nd defendant in O.S.No.243/2007 on the file of the Munsiff Court, Perumbavur. Suit was one for partition. Respondent is the plaintiff in the suit. A preliminary decree was passed in the suit in which the present petitioner remained ex-parte. Subsequently, he moved an application for setting aside the ex-parte decree passed against him and that W.P.(C).No.11802 of 2009 - O 2 application is now pending enquiry. Meanwhile, the respondent/decree holder, it is submitted, has filed a petition for passing a final decree and it is in progress. In the writ petition, the petitioner seeks for expeditious disposal of the application moved for setting aside the ex-parte decree passed against him in the suit, with a petition to condone the delay in moving such application. 3. Notice being issued respondent has entered appearance. I heard the counsel on both sides. 4. Having regard to the submissions made and the facts and circumstances involved in the case, I find expeditious disposal of I.A.Nos.424/2009 and 423/2009 moved by the petitioner/2nd defendant in O.S.No.243/2007 for setting aside the preliminary decree passed in the above suit after condoning delay, is necessary to advance the ends of justice. Learned Munsiff is directed to dispose the above applications after enquiry, within a period of one month from the date of receipt of a copy of this judgment. W.P.(C).No.11802 of 2009 - O 3 The writ petition is disposed as indicated above. Send a copy of the judgment to the court concerned and handover a copy to the counsel on usual terms. S.S.SATHEESACHANDRAN, JUDGE. bkn/-