IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19510 of 2009(O) -------------------------- OS.5/2000 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): DEFENDANT: -------------------------------------------- MANIKKAN, S/O. CHERUKUTTY, KANJIRAKKADAVU, KOTTEKKAD, PALAKKAD. BY ADV. MR.VINOD KUMAR.C RESPONDENT(S): PLAINTIFF: --------------------------------------------- KRISHNAN @ KRISHNAMOORTHY, S/O. SUBRAMANIAN PILLA, KUTTY PULLY, AKATHETHARA, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.19510 of 2009 - O --------------------------------- Dated this the 13th day of July, 2009 J U D G M E N T Petitioner is the judgment debtor in E.P.No.19/2005 in O.S.No.5/2000 on the file of the Sub Court, Palakkad. He has filed the writ petition seeking directions/orders to the Sub Court, Palakkad to keep in abeyance the delivery of the property covered by the decree in the above suit till disposal of an appeal preferred by him against the dismissal of an application filed to set aside the ex-parte decree passed in the suit. The appeal preferred against the application under Order IX Rule 13 CPC to set aside ex-parte decree was moved with a petition to condone the delay of 2411 days. Not being satisfied with the reasons in the petition to condone delay that petition was dismissed, consequently, the application for setting aside the ex-parte decree as well. In the present writ petition, petitioners suppressed the fact that he had previously moved a writ petition before this Court challenging the execution proceedings as well. I find no merit in the petition. The writ petition is found to be not entertainable and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-