IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28133 of 2008() ------------------------- OS.308/2006 of MUNSIFF COURT, CHANGANACHERRY .................... PETITIONER:- --------------- LAKSHMI, W/O.LATE THANKAPPAN ACHARI, KENKAYIL HOUSE, PUZHAVATHU KARA, CHANGANACHERRY VILLAGE AND POST, KOTTAYAM DIST. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT: ---------------- N.S.S.KARAYOGAM NO.4357,PUZHAVATHU KARA, CHANGANACHERRY VILLAGE, REPRESENTED BY ITS PRESIDENT S.MAHENDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 28133 of 2008 ========================== Dated this the 23rd day of September, 2008. JUDGMENT The petitioner who is the first defendant in O.S. No. 308 of 2006 on the file of the Munsiff's Court, Changanacherry, seeks a direction to dispose of Ext.P4 application filed by him as I.A. No. 1927 of 2008 filed by him under Order 9 Rule 13 of C.P.C to set aside the ex parte decree and to dispose of Ext.P5 petition to condone the delay of 205 days filed as I.A. No. 1926 of 2008. The above applications were filed on 17.09.2008. The petitioner would allege that she was not served with summons in the suit which was one for recovery of possession and perpetual injunction and the suit was decreed ex parte on 25.02.2008 and the petitioner came to know of the ex parte decree only when she received notice in the execution proceedings on 09.07.2008. The grievance of the petitioner is that during the pendency of Exts. P4 and P5 applications, the ex parte decree is put in execution. This writ petition is disposed of directing the learned Munsiff to dispose of Exts.P4 and P5 applications (if pending) expeditiously and at any rate within two months of receipt of a copy of this judgment. The petitioner shall not be dispossessed in execution of the ex parte decree till the disposal of Exts.P4 and P5 petitions. Dated this the 23rd day of September, 2008. V. RAMKUMAR, JUDGE. rv