IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 17351 of 2008(N) -------------------------- PETITIONER: ------------ VENUKUMAR , AGED 32 YEARS, S/O. SURENDRAN PILLAI, SUJA BHAVAN PUTHUKUNDAM MURI, KARTHIKAPPALLY VILLAGE ALAPPUZHA. BY ADV. SMT.A.SALINI LAL RESPONDENTS: ------------- MATHEW PHILIP , AGED 51 YEARS PANDYALAICKAL VEETTIL, PUTHUKKUNDAM MURI KARTHIKAPPALLY VILLAGE, ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.17351 of 2008 ------------------------------- Dated this the 13th June, 2008. J U D G M E N T Petitioner is the judgment debtor in O.S.No.309/2003, on the file of the Munsiff Court, Haripad. A decree was passed in the suit on 30.11.2004. Petitioner filed an application under Rule 13 of Order IX of Code of Civil Procedure on 26.5.2008, without an application to condone the delay. This petition is filed under Article 227 of the Constitution of India challenging the dismissal of an application filed by the petitioner before the Executing Court to stay the execution. 2. The argument of the learned counsel appearing for the petitioner is that I.A.No.704/2008, an application filed to set aside the ex-parte decree with a petition under Section 5 of the Limitation Act to condone the delay is now pending for return of notice, and in such circumstances, the Execution proceedings is to be stayed. On the facts and circumstances of the case, when the decree was passed in 2004 and the petition to set aside the decree was filed in 2008, I do W.P.(C) No.17351/2008 2 not find any reason to interfere with Ext.P1 order passed by Munsiff or to grant an order of stay of execution, as sought for . Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.