IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).NO. 24420 OF 2010(O) ----------------------------------------- AGAINST THE ORDER IN EP.35/08 IN OS.189/2004 OF PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): ----------------------- KUMAR, S/O.KANNAN, RESIDING AT CHARUVILA PUTHEN VEEDU, CHATHANNOOR, ERATHU CHERRI, MEENAD VILLAGE. BY ADV. SRI.P.S.BIJU RESPONDENT(S): ------------------------- V.SUGATHAN, S/O.VISWAMBHARAN, RESIDING AT SAROJINI NIVAS, INDIRAJI JUNCTION, ASRAMAM, KOLLAM EAST VILLAGE-691 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.24420 of 2010 ==================================== Dated this the 05th day of August, 2010 J U D G M E N T Writ Petitioner is judgment debtor No.1 in E.P. No.35 of 2008 in O.S.No.189 of 2004 of the court of learned Sub Judge, Kollam. Petitioner has suffered an ex parte decree for payment of money on 06.06.2006. With a request to condone the delay of 1553 days in filing application to set aside the ex parte decree, petitioner filed Exts.P3 and P4, applications. In the meantime property of petitioner was sold and as learned counsel for petitioner states an application to set aside the sale is pending consideration in the executing court. It is stated that petitioner who is a chronic Kidney patient has been undergoing prolonged treatment and could not appear in court on the relevant day. Exhibits P3 and P4, applications are not so far disposed of. Having regard to the facts and circumstances of the case I direct learned Sub Judge, Kollam to dispose of Exts.P3 and P4, applications as expeditiously as possible and at any rate, if steps are complete within a month from this day. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv