IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 OP(C).No. 1069 of 2011(O) ------------------------- AGAINST THE ORDER IN EA 32/2011 IN EP 336/2010 IN OS.47/2010 of ADDL.MUNSIFF COURT, KOLLAM .................... PETITIONER : ------------------- JOY @ JOYKUTTY, AGED 41 YEARS, S/O. YESUDASAN, "REMYA BHAVANAM", KOTTAPURAM CHERIYIL, MULAVANA VILLAGE, KOLLAM TALUK. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- MARYKUTTY, AGED 51 YEARS, W/O.JILLARIYOSE, "JOSE BHAVAN", KOTTAPURAM CHERIYIL, MULAVARA VILLAGE, KOLLAM TALUK. ADV. SRI.GEORGE SEBASTIAN FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1069 of 2011 --------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT The petitioner is the judgment debtor in O.S.No.47 of 2010 on the file of the Additional Munsiff's Court, Kollam. The decree was passed ex-parte. The decree holder levied execution. The petitioner filed an application to set aside the ex-parte decree with a petition for condonation of delay. The petitioner also filed an application to stay the execution proceedings pending disposal of the application for setting aside the ex-parte decree. The executing court dismissed that application which is under challenge in the Original Petition. 2. Interim order was granted by this Court at the time of admission and it continues. O.P.(C) No.1069/2011 2 3. The learned counsel appearing for the respondent submitted that the Original Petition has become infructuous since the application filed by the petitioner for setting aside the ex-parte decree was dismissed by the trial court, as per the order dated 25.3.2011. The learned counsel for the petitioner does not dispute this statement. The Original Petition is accordingly dismissed as infructuous. K.T.SANKARAN JUDGE csl O.P.(C) No.1069/2011 3