IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 W.P(C).No. 33706 of 2008(K) -------------------------------------- AGAINST THE ORDER IN IN EP 63/2007 IN OS.173/2006 of MUNSIFF COURT,HARIPAD. .................... PETITIONER : ---------------------- GOPALAKRISHNAN NAIR, S/O.RAGHAVAN NAIR, AGED 54 YEARS, AISWARYA, CHINGOLI MURI AND VILLAGE, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT : ------------------------ CHITHIRATHIRUNAL KERALA VARMA, AGED 54 S/O.RAMAVARMA KOYITHAMBURAN, KOYIKKAL KOTTARATHIL, PUTHUKUNDAM MURI, KARTHIKAPILLY VILLAGE, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 33706 of 2008 ------------------------------ Dated this the 18th day of November, 2008 JUDGMENT Having argued writ petition at length, probably on being convinced that this court will not be inclined to set aside Exhibit P13 common order, whereby delay condonation petition and restoration petition to restore the application for setting aside the exparte decree, counsel for the petitioner submitted that the delivery is posted to 20/11/2008 and this writ petition be disposed of granting the petitioner breathing time to prefer an appeal against the exparte decree and to obtain appropriate relief. In the result, I order that delivery posted before the execution court to 20/11/2008 shall stand adjourned to 3/12/2008. This writ petition is disposed of with the above direction. K.P. BALACHANDRAN, JUDGE scm