IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10077 of 2008(Y) ------------------------------------- AGAINST THE ORDER IN EP.243/07 IN OS.752/2005 of MUNSIFF COURT, KOCHI ............................................ PETITIONER: ------------------ ELSY KUNJACHAN, AGED 59 YEARS, W/O.KUNJACHAN, RESIDING AT PANDOTHU HOUSE, KANNAMALI DESOM, KUMBALANGI VILLAGE, KOCHI TALUK. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: --------------------- 1. M/S.KUNNATHU CHITTIES, AROOR REPRESENTED BY ITS PARTNER, MR.SAJU JOHN, AGED 43 YEARS, S/O.JOHN, RESIDING AT KUNNATHU HOUSE, PADINJATTUMKARA SOUTH MURI, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK. 2. M/S.KUNNATHU CHITTIES, AROOR REPRESENTED BY ITS PARTNER, MRS.JANCY SAJU, W/O.SAJU JOHN, AGED 41 YEARS, RESIDING AT KUNNATHU HOUSE, PADINJATTUMKARA SOUTH MURI, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.10077 OF 2008 ===================== Dated this the 26th day of March 2008 JUDGMENT This writ petition is filed for a direction to the Munsiff's Court, Kochi to keep in abeyance the execution proceedings in Ext.P1 (i.e.E.P.No.243/2007 in O.S.No.752/2005) until orders are passed on Exts.P9 and P10 pending before the Munsiff's Court, Cherthala. The petitioner is the judgment debtor in the execution proceedings. According to him, an ex parte decree has been passed against him and it is now put in execution and that he has filed an application before the original court to set aside the ex parte decree with a petition to condone the delay. His request is to direct the executing court where the matter is pending not to proceed further till the disposal of those applications. It is seen that the execution proceeding has only reached a stage where notice is issued on execution. The party can file his objections and therefore there need not be a blanket stay of the entire execution proceedings. It can go on, I direct the executing court, viz., the Munsiff's Court, Kochi not to put the property to sale before disposal of the I.As pending before the Munsiff's Court, W.P.(C) 10077/2008 -:2:- Cherthala. I also direct the Munsiff. Cherthala to dispose Exts.P9 and P10 filed before it on or before 31.5.2008. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-