IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 OP(C).No. 2693 of 2011(O) ---------------------------------------- OS. NO.125/2008 OF PRINCIPAL SUB COURT , IRINJALAKUDA .......... PETITIONER (S): ------------------------ ANANDAN, S/O.RAMDAS, NILLIPARAMBATH, KANDAMKULAM P.O., METHALA VILLAGE, KODUNGALLUR, THRISSUR DISTRICT. BY ADVS. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): ------------------------ BALAKRISHNAN, S/O.DIVAKARAN, ANCHALASSERY, KOTTUVALLUY VILLAGE, KAITHARAM, NORTH PARAVUR, ERNAKULAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.2693/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DECREE DTD. 24.9.2009 PASSED BY THE PRINCIPAL SUB COURT, IRINJALAKUDA IN OS. 125/2008. P2:- COPY OF THE IA. 3020/2011 DTD. 14.7.2011 FILED BY THE PETITIONER . P3:- COPY OF THE 3019/2011 BOTH DTD. 14.7.2011 FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2693 of 2011 --------------------------------------- Dated this 16th day of August, 2011 JUDGMENT Petitioner is the judgment debtor in E.P.No.41 of 2010 in O.S.No.125 of 2008 of the Court of learned Sub Judge, Irinjalakkuda. Respondent has obtained a decree for recovery of money against him. According to the petitioner, he had entered appearance in the trial court and engaged a lawyer but due to some misunderstanding there was no representation for him when the case was taken for trial in the list and there happened to be an ex parte decree. Petitioner was at Bombay during the relevant time. Petitioner has filed Exts.P2 and P3, applications to set aside the ex parte decree and condone the delay of 655 days in filing that application. In the meantime the fixed deposit of petitioner was attached and steps are being taken to withdraw the amount. Hence this original petition to direct the learned Sub Judge to dispose of Exts.P2 and P3, applications at the earliest and in the meantime keep the execution proceeding in abeyance. Learned counsel submitted that there was no willful latches on the part of petitioner. O.P(C).No.2693 of 2011 -: 2 :- 2. Having heard learned counsel I am inclined to issue a direction to dispose of Exts.P2 and P3, applications if the steps are over, as early as possible. Resultantly this original petition is disposed of directing learned Sub Judge, Irinjalakkuda to dispose of Exts.P2 and P3, applications, if steps are over, as early as possible considering the fact that execution proceeding is progressing. (THOMAS P JOSEPH, JUDGE) Sbna/-