IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 OP(C).No. 1325 of 2011(O) ------------------------- OS.638/2007 OF SUB COURT,THRISSUR .................... PETITIONERS (S): -------------------- 1. ASHY, W/O. KUMAR KINARPALLAM AND D/O. LATE PARAPULLY DAVIS, KURIACHIRA, DON BOSCO STREET, KURIACHIRA POST THRISSUR. 2. LALU DAVIS, S/O. LATE KOCHAKKAN, PUTHUPPALLY HOUSE, KUTTANELLUR, THRISSUR. BY ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.B.SUBRAMANYAN RESPONDENT(S): --------------- P.K. CHANDRAN, S/O. KOCHAKKAN, PUTHUPPALLY HOUSE, OLLUR VILLAGE, KACHERY DESOM, THRISSUR - 680 306. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1325 of 2011 --------------------------------------- Dated this the 1st day of April, 2011 JUDGMENT The petitioners filed O.S.No.638 of 2007, on the file of the court of the Subordinate Judge of Thrissur, for a declaration that the decree passed in O.S.No.25 of 1997 is not binding on them. O.S.No.25 of 1997 was a suit for specific performance of contract after nullifying certain subsequent transactions. O.S.No.25 of 1995, Sub Court, Thrissur was decreed on 12.11.2001 and the appeal therefrom was dismissed on 31.3.2005. Thereafter, the petitioners filed O.S.No.638 of 2007. 2. On 15.10.2010, O.S.No.638 of 2007 filed by the petitioners was dismissed for default. On 26.10.2010, the petitioners filed I.A.No.9784 of 2010 (Exhibit P4) under Rule 9 of Order 9 of the Code of Civil Procedure to restore O.P.(C) No. 1325/2011 2 the suit which was dismissed for default. The grievance of the petitioners is that I.A.No.9784 of 2010 is not disposed of but the same time, the execution proceedings in O.S.No.25 of 1997 are proceeded with. 3. The reliefs prayed for in the Original Petition are the following : “(i) Pass an order directing the Subordinate Judge, Thrissur to dispose of Exhibit P4 application within a time frame to be fixed by this Hon'ble Court ; (ii) pass an order of stay of all further execution proceedings in execution of the decree in O.S.No.25 of 1997 on the file of the Subordinate Judge's Court of Thrissur and Exhibit P5 application; (iii) grant the petitioners such other appropriate reliefs that this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case. (iv) grant the petitioners such other appropriate interim reliefs that the petitioners pray from time to time during the pendency of this Original Petition before this Hon'ble Court; & (v) award the petitioner the costs of this Original Petition.” O.P.(C) No. 1325/2011 3 4. In the facts and circumstances of the case and in the manner in which I propose to dispose of the Original Petition, I do not think it is necessary to issue notice to the respondent. Taking into account the facts and circumstances of the case, the Original Petition is disposed of directing the Subordinate Judge, Thrissur to dispose of I.A.No.9784 of 2010 in O.S.No.638 of 2007, as expeditiously as possible, and at any rate, before 15.6.2011. The petitioners would be free to approach the court below for interim relief in accordance with law. K.T.SANKARAN JUDGE csl Issue copy of the order urgently on or before 2nd April, 2011.