IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 2993 of 2010(O) ------------------------- OS.923/2008 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): 1ST DEFENDANT: ----------------------------- K.PRASANNA KUMAR, S/O.V.R.KUMARAN, SREEVILASOM, POLIKKODU, VALAKOM VILLAGE, KOTTARAKKARA TALUK (DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY). BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR RESPONDENT(S): PLAINTIFF/DEFENDANTS 2&3: ---------------------------------------- 1. MANIKUTTAN, S/O.VELAYUDHAN, ALAYIL KIZHAKKATHIL VEEDU, MANAKKARA MURI, SASTHAMCOTTA VILLAGE, KOLLAM DISTRICT. 2. KERALA STATE REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C ) NO. 2993 of 2010 * * * * * * * * * * * * * * * * * * Dated: 30th January, 2010 JUDGMENT The first defendant in O.S. 923 of 2008 on the file of the Sub Court, Kollam is the petitioner in this Writ Petition filed under Art. 227 of the Constitution of India. The suit instituted by the first respondent is one for damages for malicious arrest and manhandling. The Writ Petitioner is a police officer. The petitioner entered appearance before the Court below on 18-9-2009 and the case was posted to 8-12-2009 for filing written statement. He did not file written statement and he was, therefore, set ex parte. On 7-12-2009, the petitioner applied for time to file written statement stating that he was engaged on Sabarimal duty and he was not therefore able to prepare the written statement in time. On 21-12-2009 the petitioner filed an application under Order IX Rule 7 C.P.C. for setting aside the order setting him ex parte. On 23-12-2009 the suit itself was decreed ex parte keeping alive the application filed under Order IX Rule 7 C.P.C. On 21-1-2010 the petitioner filed a petition under Order IX Rule 13 C.P.C. for setting aside the ex parte decree. The grievance of the petitioner is that his petition under Order IX Rule 7 C.P.C. W.P. (C ) NO. 2993 of 2010 -:2:- was adjourned to 19-2-2010 where as the plaintiff has levied execution proceedings to execute the ex parte decree obtained against the petitioner. 2. It is not known whether the petitioner has filed any application before the Court below for stay of execution of the ex parte decree . Having regard to the aforesaid narration of facts, it is sufficient if appropriate directions are given to the Court below to dispose of the petition under Order IX Rule 13 C.P.C. filed as I.A. 326 of 2010 expeditiously. In view of the proposed disposal of this Writ Petition, I do not consider it necessary to issue notice to the respondents. This Writ Petition is accordingly disposed of directing the Sub Court , Kollam to hear and dispose of I.A. 326 of 2010 after giving both sides an opportunity of being heard expeditiously at any rate within two months of receipt of a copy of this judgment. Further proceedings in the E.Ps shall stand adjourned for a period of two months. V. RAMKUMAR, (JUDGE) ani. W.P. (C ) NO. 2993 of 2010 -:3:-