IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 1794 of 2009(L) ------------------------------------------ OS.89/2003 of M.C., IRINJALAKUDA .................... PETITIONER: SURESH KUMAR, AGED 40, S/O.VADAKETHADATHIL SIVARAMA PILLAI, AMBALLUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT: THE KOODALMANIKYAM DEVASWOM MANAGING COMMITTEE, REP. BY ITS ADMINISTRATOR, MANAVALASSERY VILLAGE, IRINJALAKUDA P.O. THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.1794 of 2009 L -------------------------- JUDGMENT Petitioner is the judgment debtor in O.S.No. 89/03 on the file of the Munsiff's Court, Irinjalakuda. It is submitted that a decree for eviction as also for arrears of rent was passed and the decree is put in execution. Though the petitioner filed application as I.A.No.1008/05 under Order IX Rule 13 CPC on 27.2.2005 for setting aside the ex parte decree, that happened to be dismissed for default on 21.11.2007. It is submitted that Exhibit P1 application is filed to restore the said I.A.No.1008/05 and that in the meanwhile, if the decree is executed and the petitioner is evicted from the scheduled building, he would be put to irreparable injury and loss and hence this writ petition. 2. The prayer in this writ petition is for a direction being given to the court below to dispose of Exhibit P1 at the earliest and in the meanwhile, WPC 1794/09 2 to stay all further proceedings in E.P.No.1331/07 in O.S.No.89/03 on the file of the Munsiff's Court, Irinjalakuda. 3. It is submitted by counsel for the petitioner that petitioner had filed W.P.(C) No.36020/08 on a prior occasion and this Court, vide Exhibit P5 judgment, adjourned the delivery by one month on condition that out of the EP amount of Rs.54,740/-, an amount of Rs.30,000/- is deposited by the petitioner in the court below for payment to the respondent/decree holder and accordingly, the amount was remitted under Exhibit P6 receipt dated 6.12.2008. It is also submitted by counsel for the petitioner that the balance amount as per the EP is only Rs.24,740/- and that including the rents at the rate of Rs.400/- per month till January 2009, the amount due to the respondent/decree holder will only be Rs.30,340/- and that the petitioner is ready to deposit the entire amount and delivery of vacant possession of the scheduled building be WPC 1794/09 3 adjourned by two months so as to enable the petitioner to have Exhibit P1 application got disposed of. In the result, I dispose of this writ petition even without notice to the respondent/decree holder granting adjournment of delivery in execution of the decree by two months in case the petitioner deposits Rs.30,340/- as offered positively on or before 21.1.2009. In the meanwhile, I direct the court below to dispose of Exhibit P1 application as early as possible and in any event, within three weeks from the date of production of a copy of this judgment before him by the counsel for the petitioner. Petitioner is directed to produce a copy of this judgment in the court below forthwith. Issue copy of this judgment to the counsel for the petitioner urgently. 16th January, 2009 (K.P.Balachandran, Judge) tkv