IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 OP(C).No. 3183 of 2011(O) ------------------------- OS.194/2006 of SUB COURT,KOTTARAKKARA ....................... PETITIONER(S): ---------------- T.OOMMAN PANICKER, TOPS MANNER, PANAVELI, VETTIKAVALA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.T.KRISHNANUNNI, SENIOR ADVOCATE SRI.SAJU.S.A SRI.K.C.KIRAN RESPONDENT(S): --------------- 1. SARAMMA ALEXANDER, W/O.T.D.ALEXANDER, P.V.COTTAGE, KIZHAKKEKARA MURI, KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK, PIN-691 506. 2. SUMA JACOB, W/O.JACOB.K., PANACHAYIL VEEDU, MUTHOOR P.O., THIRUVALLA TALUK, PIN-689 107. 3. SUNIL ALEXANDER, S/O.T.D.ALEXANDER, P.V. COTTAGE, KIZHAKKEKARA MURI, KKOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK, PIN-691 506. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU O.P.C.NO.3183/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DECREE PASSED IN OS.194/2006 ON THE FILE OF SUB COURT, KOTTARAKKARA, DT.31/1/2008. P2: COPY OF THE EA.182/2010, DT.6/11/2010 FILED BY THE PETITIONER BEFORE THE EXECUTING COURT. P3: COPY OF IA 1479/2010 DT.17/9/2010 P4: COPY OF THE ORDER OF THE COURT OF THE SUBORDINATE JUDGE OF KOTTARAKKARA, DATED 18/1/2010 IN EP.33/2008 DATED 6/1/2011. P5: COPY OF EA.40/11 IN EP 33/2008 ON THE FILE OF THE SUB COURT KOTTARAKKARA DATED 5/2/2011. P6: COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN OPC 507/2011 DATED 8/2/2011. P7: COPY OF EA.107/2011 IN EP 33/2008 ON THE FILE OF THE SUB COURT KOTTARAKKARA, DT.25/7/2011. P8: COPY OF THE APPLICATION FILED BY THE PETITIONER IN EP.33/2008 IN OS.194/2006 ON THE FILE OF SUBORDINATE COURT KOTTARAKKARA ON 27/8/2011. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3183 of 2011 ==================================== Dated this the 04th day of October, 2011 J U D G M E N T Judgment debtor in O.S. No.194 of 2006 of the court of learned Sub Judge, Kottarakkara is the petitioner. In execution of the ex parte money decree passed against him, his property was brought to sale and purchased by the respondents-decree holders. Petitioner filed an application under Rule 90 of Order XXI of the Code of Civil Procedure (for short, “the Code”) to set aside the same. But that was dismissed for default. Petitioner then filed Ext.P5, application to set aside the dismissal for default under Rule 106 of Order XXI. Petitioner also filed Ext.P7, application on the trial side to set aside the ex parte decree and Ext.P8, application for stay in the execution court until Exts.P3 and P5 applications are disposed of. Grievance of petitioner is that before the said applications are disposed of, respondents are taking hasty steps to enforce the sale certificate issued in their favour. Hence it is prayed that learned Sub Judge may be directed to dispose of Exts.P3, P5 and P8, applications before further steps are taken in the executing court. O.P(C) No.3183 of 2011 -: 2 :- 2. Having heard learned Senior Advocate for the petitioner I am inclined to direct the learned Sub Judge to dispose of Exts.P3, P5 and P8, applications as early as possible. This Original Petition is disposed of directing the learned Sub Judge to dispose of Exts.P3, P5 and P8, applications as early as possible. THOMAS P. JOSEPH, JUDGE. vsv