IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 OP(C).No. 2347 of 2011(O) ------------------------------- OS.304/2009 of MUNSIFF COURT, CHALAKUDY .................... -------------------- 1. SIVADASAN AGED 38, S/O.AMBALAPADATH NARAYANAN, P.O.PADI KODALI,MUKUNDAPURAM TALUK, THRISSUR DISTRICT 2. RAJAGOPALAN, MADATHIPARAMBIL HOUSE, P.O.PADI,KODALI,MUKUNDAPURAM TALUK, THRISSUR DISTRICT 3. ALANRAJ, S/O.KAVUNGAL ANTONY,, P.O.PADI, KODALI,MUKUNDAPURAM TALUK, THRISSUR DISTRICT BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------------- PUDUSSERY PEREPADAN CHARITABLE TRUST MARKET ROAD, CHALAKUDY, REP.BY ITS MANAGING TRUSTEE, CHALAKUDY-680307 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2347/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EP NO.281/2010 IN O.A. NO.304/2009 DATED 27/09/2010 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY. P2: COPY OF THE RECEIPT ISSUED TO THE PETITIONERS DATED 12/07/2011. P3: COPY OF THE DOCUMENT LIST PRODUCED BY THE PETITIONERS DATED 14/07/2011 IN EXT. P1. P4: COPY OF THE EA NO.120/2011 IN EXT.P1 DATED 14/07/2011 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY. P5: COPY OF THE EA NO.121/2011 IN EXT. P1 DATED 14/07/2011 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2347 of 2011 --------------------------------------- Dated this 21st day of July, 2011 JUDGMENT Petitioners are judgment debtors in E.P.No.281 of 2010 in O.S.No.304 of 2009 of the Court of learned Munsiff, Chalakkudy. Respondent sought personal execution against petitioners in E.P.No.281 of 2010. Petitioners state that the case was posted on 12.07.2011. That day, petitioners filed counter and paid `.3,000/-. Petitioners requested for further time. It is stated that on the ground that there was no proper representation, petitioners were set ex parte and on 16.07.2011 warrant of arrest was issued to them. In the meantime petitioners have filed E.A.Nos.120 and 121 of 2011 to advance hearing of the execution petition and to set aside the ex parte order. The application to advance hearing of the application to set aside the ex parte order was dismissed. Now, as the learned counsel submits, application to set aside the ex parte order is pending. The prayer in this petition is to issue direction to the executing court to dispose of Ext.P5, E.A.No.121 of 2011 and to keep further proceeding in abeyance until disposal of the said applications. O.P(C).No.2347 of 2011 -: 2 :- 2. Having heard learned counsel, I am inclined to grant some relief to petitioners, but subject to condition. Resultantly this original petition is disposed of in the following lines: It is directed that warrant of arrest issued to the petitioners will stand in abeyance for a period of two months from this day or till executing court disposed of Ext.P5 (E.A.No.121 of 2011), whichever is earlier subject to the condition that petitioners deposited in the executing court for payment to the respondent `.15,000/- (Rupees Fifteen Thousand Only) within three weeks from this day. (THOMAS P JOSEPH, JUDGE) Sbna/-