IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 OP(C).No. 1027 of 2011(O) ---------------------------------------- OS.121/2009 of SUB COURT, TIRUR .................... PETITIONER --------------------- SUNILKUMAR THUVVAKKADAN, AGED 35 YEARS, S/O.UNNICHUNDAN, ERNAD TALUK, PAYYANAD AMSOM, REP. BY POWER OF ATTORNEY HOLDER SURESH, AGED 41 YEARS,S/O. UNNICHUNDAN, ERNAD TALUK, PAYYANAD AMSOM, MALAPPURAM DISTRICT. BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): --------------------------- SHARAFUDHEEN, S/O. KODAKKADAN MUHAMMED, PARAKKAL HOUSE, POOKKOTTUR, ERNAD TALUK, MALAPPURAM DISTRICT. ADV. SRI.P.VENUGOPAL (1086/92) THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.1027/2011 APPENDIX P1:- COPY OF THE PLAINT IN OS. 121/09 OF THE SUB COURT, MANJERI. P2:- COPY OF THE JUDGMENT IN OS.121/09 DT.D 29.10.09 OF THE SUB COURT, MANJERI. P2(a):- COPY OF THE DECREE IN OS. 121/09 OF THE SUB COURT, MANJERI. P3:- COPY OF THE SUIT E.P. MO.79/10 FILED BY THE RESPONDENT ON 24.5.10. P4:- COPY OF THE IA. 449/2011 FILED BY THE PETITIONER BEFORE THE SUB COURT, MANJERI ON 8.2.2011 TO SET ASIDE THE EXPART DECREE. P5:- COPY OF THE EA. 96/11 IN EP. 79/10 DTD. 10.2.11. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1027 of 2011 -------------------------------------- Dated this the 1st day of September, 2011. JUDGMENT Defendant in O.S.No.121 of 2009 of the court of learned Sub Judge, Manjeri is the petitioner before me requesting a direction to the learned Sub Judge to dispose of I.A.No.449 of 2011 and E.A.No.96 of 2011 in O.S.No.121 of 2009. Respondent has obtained an exparte decree on 29.10.2009 for recovery of money from petitioner. Petitioner, claiming that he was not in station filed application to set aside the ex parte decree on 08.02.2011. In the meantime, in execution of the decree the property was sold and the execution petition was posted on 21.03.2011 for confirmation of the sale. It is at that stage that petitioner approached this Court. This Court by order dated 14.03.2011 directed that confirmation of sale shall be kept in abeyance for a period of two weeks from that day. That order was being extended. 2. It is submitted that Ext.P4, application to set aside the ex parte decree has not so far been disposed of. It is also submitted that respondent has already appeared in that application. If that be so, the said application has to be disposed of as early as possible and confirmation of sale proceedings has to wait until disposal of the said application. Resultantly this Original Petition is disposed of in the following lines: i. Learned Sub Judge, Manjeri is directed to dispose of Ext.P4, application (I.A.No.449 of 2011) as early as possible, at any rate before OP(C) No.1027/2011 2 10.10.2011. ii. It is directed that the confirmation of sale will stand in abeyance till 10.10.2011 or till Ext.P4, application is disposed of, whichever is earlier. THOMAS P.JOSEPH, Judge. cks