IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 OP(C).No. 2800 of 2011(O) ------------------------- OS.118/2005 of MUSNIFF COURT,ADOOR .................... PETITIONER ------------------- GANGADHARAN,S/O.KOCHUCHERUKKAN,THOPPIL VADAKETHIL SUNIL BHAVAN HOUSE,CHERUKUNNAM MURI, PALLICKAL VILLAGE,ADOOR TALUK,PATHANAMTHITTA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENT(S): --------------- 1. ANIRUDHAN,S/O.KOCHUCHERUKKAN, SHANTHALAYAM,CHERUKUNNAM MURI,PALLICKAL VILLAGE, PATHANAMTHITTA DISTRICT-691566. 2. AMBILY,SHANTHALAYAM,CHERUKUNNAM MURI, PALLICKAL VILLAGE,PATHANAMTHITTA DISTRICT, PIN-691566. 3. SANTHA,W/O.ANIRUDHAN,SHANTHALAYAM, CHERUKUNNAM MURI,PALLICKAL VILLAGE,PATHANAMTHITTA DISTRICT NOW RESIDING AT PRASAD BHAVANAM VEEDU, CHERUKUNNAM MURI,PALLICKAL VILLAGE,PATHANAMTHITTA DISTRICT-691566. 4. PRASAD,AGED 37 YEARS,S/O.SHANTHA, PRASAD BHAVANAM VEEDU,CHERUKUNNAM MURI, PALLICKAL VILLAGE,PATHANAMTHITTA DISTRICT, PIN-691566. BY : THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (C) No.2800/2011 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE ORDER DATED 30-05-2009 IN I.A. 637/2008 IN O.S. 118/2005. EXT.P2 – TRUE COPY OF THE UNNUMBERED CMA, IA NO.456/2011 IN THE DISTRICT COURT, PATHANAMTHITTA EXT.P3 – TRUE COPY OF THE ORDER DATED 30-05-2011 IN E.A. 45/2007 IN EP 19/2007 IN OS NO.118/2005 OF THE MUNSIFF'S COURT, ADOOR. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2800 of 2011 -------------------------------------- Dated this the 25th day of August, 2011. JUDGMENT The judgment debtor in O.S.No.118 of 2005 of the court of learned Munsiff, Adoor is the petitioner. Respondents obtained an exparte decree for fixation of boundary and injunction. After 743 days petitioner filed I.A.Nos.637 of 2008 and 636 of 2008 to set aside that exparte decree and condone the delay in filing the said application. Petitioner contended that he was laid up due to chronic illness and claims to have produced a medical certificate also. Learned Munsiff dismissed the application to condone the delay and consequently refused to set aside the exparte decree by Ext.P1, order dated 30.05.2009. After 712 days petitioner challenged that order in an un-numbered Civil Miscellaneous Appeal of 2011 before the learned District Judge, Pathanamthitta. Since the delay was not condoned and is pending decision the Civil Miscellaneous Appeal was not numbered. In the meantime the executing court passed order on E.A.No.45 of 2007 on 30.05.2011 directing the Amin and appointing a Surveyor to execute the decree. The said order is under challenge. It is contended by learned counsel that on account of chronic illness petitioner was not able to contest the suit and prefer the Civil Miscellaneous Appeal on time. 2. It is seen that executing court passed the order on OP(C) No.2800/2011 2 30.05.2011 directing the Amin and appointing the Surveyor to execute the decree. This Original Petition is filed only on 23.08.2011. In the circumstances I do not find reason to interfere in the matter. Needless to say that the execution will be subject to the result of the Civil Miscellaneous Appeal that petitioner claims to have preferred before the learned District Judge. With the above observation this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks