IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 28245 of 2010(O) -------------------------- EP NO.375/2010 IN OS.543/2009 of SUB COURT,PARAVUR .................... PETITIONER(S): --------------- RAMANAN, AGED 54, S/O.PADMANABHAN, PANNIKYASSERY HOUSE, KIZHMADU, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM 683101. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT(S): --------------- SHAJI, AGED 47, THERIPARAMBIL HOUSE, KALOOR, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM 682 017. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.28245 of 2010 -------------------------------------- Dated this the 13th day of September, 2010. JUDGMENT Petitioner is a judgment debtor in E.P.No.375 of 2010 in O.S.No.543 of 2009 of the court of learned Sub Judge, Paravur. He has suffered an exparte decree. He states that he learnt about the exparte decree only when he was served with notice in the execution petition. He has produced Ext.P4, medical certificate to show that he was undergoing treatment for psoriasis from May 10, 2010 onwards. According to the petitioner, he has valid contentions to be raised in the suit and he intends to file application to set aside exparte decree. In the meantime execution petition is posted on 15.09.2010. Petitioner therefore prays that this Court may stay the execution proceedings. There is also a request that the learned Sub Judge may be directed to set aside the exparte decree. There is no reason why this Court should interfere with the execution proceedings at this stage. If petitioner is aggrieved by the exparte decree on the ground that he had no notice and/or, he has other valid reasons to set aside the exparte decree he has to make appropriate application before appropriate court. So far as a decree whether exparte or not stands it has to be executed. None of the reliefs prayed for could be granted in this Writ Petition. Hence without prejudice to the right of petitioner to seek appropriate reliefs from appropriate court this Writ Petition is closed. THOMAS P.JOSEPH, Judge. WP(C) No.28245/2010 2 cks