IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 OP(C).NO. 2713 OF 2011(O) ---------------------------------------- AGAINST THE ORDER IN EP.215/2010 IN OS.409/2006 OF PRL.SUB COURT,KOTTAYAM .................... PETITIONER: -------------------- MOLLY JOSEPH, D/O.JOSEPH, AGED 54 YEARS, KAROTTUPARA HOUSE, MANIMALA POST, VELLAVOOR VILLAGE, VADAKARA KARA, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB SMT.RAJI.P.JOY RESPONDENT(S): ----------------------- HARIDAS, S/O.NARAYANA PILLAI, OLAKU HOUSE, CHIRAKKADAVU VILLAGE, VADAKKUMBHAGAM KARA, PONKUNNAM POST, KOTTAYAM DISTRICT - 686 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2713 of 2011 --------------------------------------- Dated this 17th day of August, 2011 JUDGMENT Notice to respondent is dispensed with in view of the decision I propose to take in this proceeding. 2. Petitioner is judgment debtor in E.P.No.215 of 2010 in O.S.No.409 of 2006 of the Court of learned Sub Judge, Kottayam. Respondent has obtained an ex parte decree for specific performance of an agreement for sale of property belonging to the petitioner. Stating that during the time petitioner filed written statement she was staying at Manimala and later shifted to Delhi and that fact was intimated to the counsel but she did not get any further intimation and learned about the ex parte decree only when notice of the execution petition was served on her, petitioner filed Exts.P5 and P6, applications to set aside the ex parte decree and condone the delay of 473 days. Learned counsel submits that on the said applications steps are complete and the same are posted on 24.08.2011 for hearing. In the meantime, execution petition came up for hearing on 16.08.2011 and it was adjourned to another day. Grievance of petitioner is that if before disposing of Exts.P5 and P6, applications execution O.P(C).No.2713 of 2011 -: 2 :- proceeded, petitioner will be put to irreparable loss and injury. Hence it is prayed that learned Sub Judge may be directed to dispose of Exts.P5 and P6, applications as early as possible and in the meantime keep the execution proceeding in abeyance. 3. Having regard to the circumstances stated I am inclined to grant some respite to the petitioner. Resultantly this original petition is disposed of as follows: (i) In case steps on Exts.P5 and P6, applications are complete, learned Sub Judge, Kottayam is directed to dispose of the said applications as early as possible having regard to the fact that execution proceeding is on. (ii) Proceeding in E.P.No.215 of 2010 (in O.S.No.409 of 2006) will stand in abeyance till 31.08.2009. (iii) Petitioner can request learned Sub Judge to dispose of Exts.P5 and P6, applications before 31.08.2011. (THOMAS P JOSEPH, JUDGE) Sbna/-