IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18329 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 53/2007 IN OS.54/2006 of SUB COURT, THIRUVALLA .................... PETITIONER(S): -------------------------- 1. P.C.JACOB, PUTHEN ELAMPURAYIDATHIL VEEDU, KURIYANOOR P.O., KOZHENCHERRY, PROPRIETOR FRIENDS CHITS & FINANCE, PULLAD, PATHANAMTHITTA. 2. SAJAN JACOB, S/O.P.C.JACOB, PUTHEN ELAMPURAYIDATHIL VEEDU, KURIYANOOR P.O., KOZHENCHERRY, MANAGING PARTNER FRIENDS CHITS & FINANCE, PULLAD, PATHANAMTHITTA. BY ADV. MR.E.M.MURUGAN RESPONDENT(S): ---------------------------- 1. ROY MATHEW, AGED 42, S/O.MATHAI GEORGE, MARUTHOLICKAL HOUSE, KURIYANOOR MURI, THOTTAPUZHASERRI VILLAGE, THIRUVALLA THALUK. 2. ANUPA ROY, AGED 33, W/O.ROY MATHEW, MARUTHOLICKAL HOUSE, KURIYANOOR MURI, THOTTAPUZHASERRI VILLAGE, THIRUVALLA THALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18329 of 2009 - O --------------------------------- Dated this the 1st day of July, 2009 J U D G M E N T This writ petition is filed seeking the following reliefs: “i) To issue a writ in the nature of certiorari or other appropriate writ calling forth the record pertaining to E.P.No.53/2007 in O.S.No.54/2006 on the files of Sub Court, Thiruvalla examine the same and dismiss the same holding it to be premature and improper. ii) To issue a writ order or direction in the nature of mandamus or other appropriate writ directing the learned Subordinate Judge, Thiruvalla to consider and disposing Ext.P8 and P9 applications before proceedings with execution of the ex-parte decree in O.S.No.54/2006 in the interest of justice.” 2. The petitioner, who suffered an ex-parte decree for money has preferred an application under Order IX Rule 13 CPC, with a petition to condone the delay, and meanwhile, the respondent/decree holder is taking hasty steps for executing the decree and, if that is permitted, he will be put to irreparable injury, is the grievance canvassed for granting the relief as aforementioned invoking the supervisory jurisdiction vested with W.P.(C).No.18329 of 2009 - O 2 this Court under Article 227 of the Constitution of India. 2. I heard the counsel for the petitioner. 3. Having regard to the facts and circumstances presented and also the submissions made by the learned counsel, I find that the petitioner has to pursue his remedies as provided by law, and the writ petition for the relief claimed is not entertainable. The writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-