IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 OP(C).No. 3420 of 2011(O) ------------------------------------ EP. 64/2011 IN OS.83/2010 OF THE MUNSIFF COURT KARUNAGAPPALLY ......... PETITIONER/JUDGMENT DEBTOR ---------------------------------------------- LELITHA, AGED 54 YEARS, D/O. NANI, EDAPPANAPUTHAN VEEDU, THOTTINUVADAKKUM MURI, CHAVARA VILLAGE, WORKING AS SECTION PTS, PEON, NO.1144, TITANIAM DIOXIDE DIVISION, KERALA MINERALS AND METALS LTD., CHAVARA. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): DECREE HOLDER & GARNISHEE -------------------------------------------------------------------------- 1. MICHAEL D'CRUZ, S/O. JARAVAS D'CRUZ, THOPPIL VEEDU, CHERUSERIBHAGOM MURI, CHAVARA VILLAGE, PIN-691 583. 2. THE PERSONNEL MANAGER, TITANIUM PRODUCTS UNIT, SANKARAMANGALAM, CHAVARA, KOLLAM DISTRICT. (GARNISHEE IN THE IMPUNGED ORDER), PIN-691 583. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.3420/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 :- TRUE COPY OF THE ORDER DTD.31.8.11 PASSED IN EP NO.64/11 IN OS NO.83/11 ON THE FILE OF MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P2 :- TRUE COPY OF THE EXECUTION PETITION EP NO.64/2011. EXT.P3 :- TRUE COPY OF THE IA 1852/11 IN OS 83/2010. EXT.P3(a):- TRUE COPY OF THE IA 1851/2011 IN OS 83/2010. EXT.P4 :-TRUE COPY OF THE EA 83/11 IN EP 64/11 IN EP IN OS 83/2010. EXT.P5 :- TRUE COPY OF THE OBJECTION DTD.22.7.2011. EXT.P6 :- TRUE COPY OF THE SALARY CERTIFICATE DTD.9.8.2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3420 of 2011 --------------------------------------- Dated this 24th day of October, 2011 JUDGMENT Notice to the second respondent is dispensed with as requested by the learned counsel. In view of the order I propose to pass, notice to the first respondent also is dispensed with. 2. First respondent has obtained a decree for recovery of money against petitioner on 29.09.2010 in O.S.No.83 of 2010 of the Court of learned Munsiff, Karunagappally. First respondent put the decree in execution and obtained Ext.P1, order for attachment of salary of the petitioner. The second respondent is the disbursing officer. Petitioner filed Exts.P3 and P3(a) applications to set aside the ex parte decree and condone the delay of 378 days. Grievance of petitioner is that while Exts.P3 and P3(a), applications are pending, first respondent is executing the decree and sought attachment of salary of petitioner. Hence it is prayed that this Court shall issue a direction to the learned Sub Judge to dispose of Exts.P3 and P3(a), applications and in the meantime Ext.P1, order attaching salary of petitioner will remain in abeyance. O.P(C).No.3420 of 2011 -: 2 :- 3. Learned counsel for petitioner has submitted that when summons in the suit was served on petitioner, she had entrusted the case to her brother to contest and thus there happened to an ex parte decree on 29.09.2010. 4. I am not inclined to interfere in the proceeding before the court below and stay operation of Ext.P1, order. But, since Exts.P3 and P3(a), applications are pending, the same are to be disposed of as early as possible if preliminary steps are completed and there is no legal impediment in doing so. Resultantly this original petition is disposed of directing the learned Munsiff, Karunappally to dispose of Exts.P3 and P3(a), applications as early as possible, if preliminary steps on those applications are over and there is no legal impediment in doing so, having regard to the grievance of petitioner, giving it top priority . Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-