IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 OP(C).NO. 3049 OF 2011(O) -------------------------------------- AGAINST THE ORDER IN EP 157/09 IN OS.126/2008 OF SUB COURT, PATHANAMTHITTA PETITIONER: -------------------- V.S. SHIJIMOL, D/O. SUKUMARAN, VALIYAKALAYIL, MUNDUKOTTAKKAL (P.O.) PATHANAMTHITTTA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): ------------------------- P.N. RAMAKRISHNA KURUP, S/O. NARAYANAN NAIR, KULTHINKAL HOUSE, PARAMADOM MURI & VILLAGE, PATHANAMTHITTA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3049 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO.126 OF 2008 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 6.4.2009 IN O.S. NO.126 OF 2008 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. EXHIBIT P3 TRUE COPY OF I.A. NO.1486 OF 2011 IN O.S. NO.126 OF 2008 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. EXHIBIT P4 TRUE COPY OF I.A. NO.1487 OF 2011 IN O.S. NO.126 OF 2008 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. EXHIBIT P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO.126 OF 2008 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. EXHIBIT P6 TRUE COPY OF E.A. NO.561 OF 2011 FILED BY THE PETITIONER FOR STAYING THE EXECUTION PROCEEDINGS. EXHIBIT P7 TRUE COPY OF E.A.NO.562 OF 2011 FILED BY THE PETITIONER FOR SETTING ASIDE THE EX PARTE ORDER. EXHIBIT P8 TRUE COPY OF E.A. NO.563 OF 2011 FILED FOR CONDONATION OF DELAY. EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 25.8.201 FILED BY THE PETITIONER IN E.P. NO.157 OF 2009. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3049 of 2011 ==================================== Dated this the 23rd day of September, 2011 J U D G M E N T Petitioner has suffered an ex parte decree for specific performance of an agreement for sale. As per the impugned agreement petitioner has received Rs.3,80,000/- as advance on 05.01.2008. Petitioner has her own version as to the circumstances leading to the execution of the agreement and passing of the ex parte decree on 06.04.2009. It is not disputed that petitioner was served with notice in the execution petition (E.P. No.157 of 2009). To that also, petitioner did not respond whatever be the reason thereof. Now petitioner has filed applications on the trial side to set aside the ex parte decree and to condone the delay and Ext.P6, application on the execution side to keep in abeyance further proceedings in execution in view of the applications pending on the trial side. Applications on the trial side and execution side are posted on 26.09.2011. In the meantime execution petition is posted on the same day for registration of the sale deed. Learned counsel requested that at least until Ext.P6, application is disposed of, registration of the O.P(C) No.3049 of 20111 -: 2 :- document may be kept in abeyance. 2. I am not required to go into the merit of the contentions petitioner has raised in the applications either on the trial side or the execution side. Since Ext.P6, application is pending consideration before the executing court, it is appropriate that registration of the sale deed kept in abeyance until that application is disposed of. But I make it clear that if on account of the proceedings for registration being kept in abeyance any pecuniary loss is caused to the respondent, petitioner will be answerable to the same. Hence the learned Sub Judge is directed to keep the proceeding for registration of the sale deed in abeyance until Ext.P6, application is disposed of. Learned Sub Judge is directed to dispose of Ext.P6, application as early as possible. Original Petition is disposed of with the above directions. THOMAS P. JOSEPH, JUDGE. vsv