IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28959 of 2009(O) -------------------------- OS.868/2006 of PRL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- ABDHULLAH, S/O.ALIKUTTY, OORATHODIYIL HOUSE, THRITHALA, PALAKKAD. BY ADV. SRI.K.A.SREEJITH RESPONDENT(S): --------------- N.A.LONAPPAN, S/O.ANTHONY, NILAYATTINGAL HOUSE, LATIN CHURCH ROAD, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mns S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28959 OF 2009 (O) ----------------------------------- Dated this the 14th day of October, 2009 J U D G M E N T Petitioner is the judgment debtor in E.P.No.612 of 2008 in O.S.No.868 of 2006 on the file of the Sub Court, Thrissur. An ex parte decree in a suit for money was passed against the petitioner. Respondent is the decree holder. An application moved by the petitioner for setting aside the ex parte decree was dismissed for default. He has now moved an application for restoring that application and its consideration and disposal on merits. Ext.P5 is the copy of that application. He has also filed an application for keeping in abeyance the execution proceedings till consideration of Ext.P5 application. Ext.P6 is the copy of that application. The writ petition has been filed seeking issue of order/direction to the court below for expeditious consideration and disposal of Exts.P5 and Ext.P6 applications invoking the visitorial jurisdiction vested with this Court under Article 227 of the Constitution of India. WPC.28959/2009 2 2. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary, and it is dispensed with. I direct the court below to consider and dispose of Ext.P5 application, provided service of notice on the respondent is completed, within a period of six weeks from the date of receipt/production of a copy of this judgment. So far as Ext.P6 application filed by the petitioner seeking stay of the execution proceedings, petitioner can invite the attention of the court below to that application for consideration and its disposal. If the petitioner invites the attention of the court on Ext.P6 application, needless to point out, the court, after hearing both sides shall pass appropriate orders on that application in accordance with law. Subject to the above directions, the writ petition is closed. Handover a copy of the judgment to the counsel for the WPC.28959/2009 3 petitioner on usual terms and send a copy of the judgment to the court concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp