IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 OP(C).No. 2346 of 2011(O) -------------------------------- IA 1443/10,1444/10 IN OS.41/2002 of SUB COURT, THIRUVALLA .................... PETITIONER --------------- JAYALAL, JAYA BHAVAN, PALLICKACHIRA, PAIPPADU VILLAGE, CHANGANACHERRY TALUK. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S): --------------------- P.G. RADHAKUMARI, LATHA NIVAS, THOTTABHAGOM MURI, KAVIYOOR VILLAGE, THIRUVALLA-689101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2346/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF I.A. NO.1443/2010 IS FILED TO SET ASIDE THE EX-PARTE DECREE BEFORE THE SUBORDINATE JUDGE'S COURT, THIRUVALLA DATED 24/11/2010. P2: COPY OF I.A. NO.1444/2010 IS FILED TO CONDONE THE DELAY BEFORE THE SUBORDINATE JUDGE'S COURT, THIRUVALLA DATED 24/11/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2346 of 2011 --------------------------------------- Dated this 21st day of July, 2011 JUDGMENT Defendant in O.S.No.41 of 2002 of the Court of learned Sub Judge, Thiruvalla facing execution in the Court of learned Principal Sub Judge, Kottayam in E.P.No.280 of 2007 is the petitioner before me. Petitioner suffered an ex parte decree for payment of money in O.S.No.41 of 2002. Decree certificate was transmitted to the Sub Court, Kottayam for execution where respondent/decree holder has filed E.P.No.280 of 2007 and execution is proceeding. In the meantime, petitioner filed Ext.P1 I.A.Nos.1443 of 2010 to set aside the ex parte decree and I.A.No.1444 of 2010 to condone delay in filing that application. I am told that said applications are posted in the trial court for objection on 19.08.2011. In the meantime execution is proceeding against petitioner. Hence this petition for a direction for speedy disposal of Exts.P1 and P2 and in the meantime stay further proceeding in E.P.No.280 of 2007 of the Court of learned Principal Sub Judge, Kottyam. Learned counsel submitted that petitioner had no information at any point of time about the pendancy of the suit and that he was working at Bombay during O.P(C).No.2346 of 2011 -: 2 :- the relevant time. 2. Having regard to the circumstances and since I.A.Nos.1443 and 1444 of 2010 are coming up for objection and hearing on 19.08.2011 I am inclined to grant some relief to the petitioner but, subject to condition. Resultantly this original petition is disposed of in the following lines: (i) Learned Sub Judge, Thiruvalla is directed to dispose of I.A.Nos.1443 and 1444 of 2010 (O.S.No.41 of 2002) as early as possible. (ii) It is directed that execution proceeding in E.P.No.280 of 2007 of the Court of learned Principal Sub Judge, Kottayam will stand in abeyance till 31.08.2011 or till learned Sub Judge, Thiruvalla disposed of I.A.Nos.1443 and 1444 of 2010 whichever is earlier, subject to the condition that petitioner deposited in the executing court `.35,000/- (Rupees Thirty Five Thousand Only) within thee weeks from this day. Respondent may seek withdrawal of the said amount in the executing court. (THOMAS P JOSEPH, JUDGE) Sbna/-