IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 CRP.No. 99 of 2008() -------------------- AGAINST THE ORDER DATED 27/07/07 IN EA.231/06,EP.248/03 IN LAR.105/1989 of SUB COURT, MAVELIKKARA .................... REVN. PETITIONER: PETITIONER ------------------------------------ G.BHARGAVAN PILLAI THEKKEKARA PUTHEN VEEDU ULAVUKKAD MURI, PALAMEL VILLAGE. BY ADV. SRI.K.SASIKUMAR RESPONDENT: RESPONDENT -------------------------------- STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT. R. BINDU. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 99 OF 2008 --------------------- Dated this the 7thday of February, 2008 ORDER This revision petition is preferred against the order of the Subordinate Judge, Mavelikara in EA 231/06 in EP 248/03 in LAR 105/89. 2. The facts would reveal that the execution petition filed by the decree holder was dismissed for default. To restore the said EP, the decree holder filed EA 231/06. It was dismissed for the absence of the decree holder. Now it is against that order the present revision petition is preferred. 3. I am informed that the EP was dismissed for not taking steps and it was not a disposal under Order XXI Rule 105. Therefore an opportunity has to be given. Therefore I allow the civil revision petition and restore EA 231/06 to file. The court below is directed to consider EA 231/06 on merits after affording equal opportunity to both sides to make their submissions before the court. M.N.KRISHNAN, JUDGE vps 2