IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 3414 of 2008(F) ------------------------- OS.485/2003 of MUNSIFF'S COURT, OTTAPPALAM .................... PETITIONER: ---------------------- P.K.KANNADASAN, AGED 46 YEARS, S/O.KARUPPUSWAMI, VANIKKARA HOUSE, KOTTAYI AMSOM DESOM, ALATHUR TALUK, PALGHAT DISTRICT. BY ADV. SRI.A.C.DEVASIA SRI.T.J.MICHAEL RESPONDENTS: ------------------------ 1. KOCHUMOL, AGED 33 YEARS, D/O.LATE VENUGOPALAN, KUZHIKKATTIL HOUSE, KANNIYAMPURAM AMSOM, PANAMMANNA DESOM, OTTAPPALAM TALUK, PALGHAT DISTRICT. 2. RADHAKRISHNAN, S/O.VELAPPAN, KUNNAMPULLY HOUSE, CHITHALIKKARA, ALATHUR TALUK, PALGHAT DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3414 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2008. J U D G M E N T This writ petition is filed with a prayer to direct the Subordinate Judge, Ottappalam to dispose of CMA 13/06 and quash Ext.P5. Writ petitioner is the defendant in a money suit and an exparte order was passed against him. In pursuance of the decree an execution petition was filed and as 1/3rd right in the property was sold in auction and sale certificate is issued. Now, the apprehension of the writ petitioner is that if property is ordered to be delivered before disposal of the CMAs. filed by him against the exparte order it will cause considerable hardship and therefore prays for a direction for disposal of the CMAs. and in the meanwhile not to effect delivery of the property. 2. I am informed that the Court below disposed of the delay condonation application as well as the petition to set aside the exparte order against the defendant and two W.P.C 3414 OF 2008 -:2:- CMAs. are filed against those orders. If the decree is set aside then the whole process will become infructuous and therefore there is some force in the contention of the writ petitioner. Therefore I direct the Subordinate Judge, Ottappalam to dispose of CMA Nos. 13/06 and 14/06 within a period of six weeks from the date of receipt of copy of the judgment and I further direct the Munsiff, Alathur not to effect delivery of the property for a period of eight weeks. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-