IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 547 of 2008(M) ------------------------------------- PETITIONER: -------------------- MARIAMMA ANTHONY FERNANDEZ W/O. THE LATE ANTHONY FERNANDEZ, 'MAGGIE VILLA', HOUSE NO.VIII/283, ATTINKUZHI, BEHIND RAILWAY STATION,KAZHAKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.J.MATHEW RESPONDENT: ----------------------- K.V.VISHWAN, S/O. R.P.V.RAGHAVAN, MAVUNGAL PO, ANANDASHRAM, KANHANGAD,KASARGOD, NOW RESIDING AT SUPER MARKET AI-SHAAB PB.NO.5249 DUBAI, U.A.E. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER T.K.SUKUMARAN,RESIDING AT CHENNADUKAN, BEEMANANDY VILLAGE, HOSDURG TALUK,KASARGOD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 547 OF 2008 --------------------- Dated this the 7th day of January, 2008 J U D G M E N T This writ petition is filed seeking for stay of orders passed in Exts.P3, P4 and P5, till orders are passed in Exts.P9, P10 and P11. The writ petitioner is the wife of the deceased judgment debtor. It is submitted that an ex-parte decree has been passed against her husband while he was away in Gulf countries i.e. Dubai and thereafter he died. The legal representatives have come to know about the decree only when they came to India and notice was received on the execution proceedings. Along with the writ petition documents are produced to show that they were residing abroad. They have also moved an application before the court which passed the ex-parte decree for condonation of delay and to set aside the ex- parte decree and they are pending consideration before that court. It is submitted that, in the meanwhile, if the decree is executed it will cause undue hardship to them. Therefore, they request the court to give a direction to consider IA Nos. 54/08 and 55/08 and also the application filed on 28.12.2007, which is to set aside the ex-parte decree. WPC NO 547/08 2 2. After a perusal of the records, I feel that there must be a direction to dispose of the applications mentioned above and till that time the execution proceedings be deferred. Therefore, I direct the court below to dispose of Exts.P9, P10 and P11. In the meanwhile, writ petitioner herein is directed to furnish before the executing court security for 50% of the amount decreed so that further proceedings in the execution can be stayed till the disposal of Exts.P9,P10 and P11. A month's time is given for furnishing the security and till that time the executing court is directed not to proceed with the execution proceedings. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 547/08 3