IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 22833 of 2008(R) -------------------------- AGAINST THE ORDER IN EP 113/2007 IN OS.1742/2001 of MUNSIFF'S COURT,CHAVAKKAD .................... PETITIONERS: ------------------------ 1. LEENA AGED 54, W/O.HARSHAN, THER HOUSE KUNDALIYOOR,. ENGANDIYOOR DESOM, ENGANDIYOOR AMSOM, CHAVAKKAD TALUK, THRISSUR. 2. GOPAKUMAR AGED 29, S/O.HARSHAN, THER HOUSE KUNDALIYOOR, ENGANDIYOOR DESOM, ENGANDIYOOR AMSOM, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.E.M.MURUGAN RESPONDENT: ------------------------- HARSHAN, AGED 62, S/O.THER VELU, ENGANDIYOOR DESOM, ENGANDIYOOR AMSOM, CHAVAKKAD TALUK, THRISSUR. ADV. SRI.K.RAMACHANDRAN FOR R1 SRI.S.SREEDEV FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22833/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.1746/01. EXT.P2: COPY OF THE WRITTEN STATEMENT IN O.S.1746/01. EXT.P3: COPY OF THE EXPARTE DECREE PASSED IN O.S.1746/01. EXT.P4: COPY OF THE E.P.NO.113/07. EXT.P5: COPY OF THE E.A.NO.282/2008 IN E.P.NO.113/07. EXT.P6: COPY OF THE EA.NO.283/2008 IN E.P.NO.113/07. EXT.P6: COPY OF THE E.A.NO.283/2008 IN E.P.NO.113/07. EXT.P7: COPY OF THE OBJECTIONS FILED BY THE PETITIONERS IN E.P.NO.113/07. EXT.P8: COPY OF THE AFFIDAVIT IN I.A.NO.2209/2008 IN O.S.1746/01. EXT.P9: COPY OF THE AFFIDAVIT IN I.A.NO.2206/2008 IN O.S.1746/01 FILED TO CONDONE THE DELAY. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.22833 OF 2008 =========================== Dated this the 28th day of August, 2008 JUDGMENT Petitioners are the wife and the son of the respondent. O.S.1746/2001 was filed by the respondent before Munsiff Court, Chavakkad for eviction and injunction. An ex parte decree was passed. When execution petition was filed, petitioners filed Exts.P8 and P9 applications, one under section 5 of the Limitation Act to condone the delay and the other under Rule 13 of Order IX of Code of Civil Procedure to set aside the ex parte decree. This petition is filed under Article 227 of the Constitution of India, for a direction to the Munsiff to dispose of Exts.P8 and P9 applications before proceeding with the execution. 2. Learned counsel appearing for petitioners and respondent were heard. 3. When the decree sought to be executed is in the execution petition, is an ex parte decree, and W.P.(C)22833/2008 2 Exts.P8 and P9 petitions are filed to set aside the ex parte decree and also to condone the delay before the same court the petitions should have been disposed immediately. In such circumstance, learned Munsiff is directed to pass appropriate order in Exts.P8 and P9 applications as expeditiously as possible after hearing the parties and then proceed with the execution petition. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006