IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22228 of 2008(U) -------------------------- OS.651/2006 of PRL.M.C., KOLLAM .................... PETITIONER: ----------------- SURESH BABU, S/O. SUKUMARAN, KOTTATHAZHA VEEDU, MUNDAKKAL EAST, KOLLAM. BY ADV. SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SRI.SIJU KAMALASANAN SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS: -------------------- 1. ROSHNI RAJENDRAN, D/O. VASUDEVAN, RESIDING AT ASWATHY, PATTATHANAM P.O., VADAKKEVILA VILLAGE, KOLLAM. 2. RAJENDRAN, S/O. RAGHAVAN, ASWATHY, PATTATHANAM P.O., VADAKKEVILA VILLAGE, KOLLAM. 3. RAVEENDRAN, S/O.SUKUMARAN, SUNIL BHAVAN, CHAVARCODE, PARIPALLY P.O., KOLLAM. 4. BHASKARAN, SIVABHAVAN, VELUTHURUTHU, NEENDAKARA, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22228 of 2008 ------------------------------- Dated this the 23rd July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to Munsiff, Kollam, to pass orders in Ext.P5 application within a time frame and also for a direction to keep the execution proceedings in abeyance. 2. The learned counsel appearing for the petitioner was heard. The decree was passed in O.S.No.651 of 2006 on 17.1.2007. Ext.P5 application to set aside ex parte decree was passed only on 27.11.2007, with a prayer to condone the delay of 9 months and 15 days in filing the application. On hearing the learned counsel, I do not find any reason to grant an order of stay of execution as sought. But there would be a direction to the Munsiff to dispose I.A.No.5448/2007, as expeditiously as possible, at any rate, within 30 days from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE nj.