IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11248 of 2010(O) -------------------------- PETITIONER(S): --------------- SREEKANTAKURUP, AGED 55 YEARS, S/O.CHANDRAN PILLAI, SREE MANCHIL,KULATHUKONAM, CHIRAIKKALCHERY, KALLUVATHUKKAL, KOLLAM DISTRICT. BY ADV. SRI.M.TRIPTEN RESPONDENT: --------------- VIJAYAN,S/O.GOPALAN,CHARUVILA PUTHENVEEDU, ILAMKULAM,THAZHAMCHERY, KALUVATHUKKAL, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------- W.P (C) No.11248 of 2010 -------------------------- Dated this the 6th April, 2010 J U D G M E N T Limited prayer in this writ petition is for a direction to the Munsiff Court, Paravoor to take up Ext.P5- I.A No.480/2010 in O.S No.52/2005 and dispose the same on merits as expeditiously as possible. 2. Petitioner is the defendant in O.S No52/2005 before the Munsiff's Court, Paravoor. The suit is for realisation of money from the petitioner. Copy of the plaint is produced as Ext.P1. The suit is based on an agreement said to have been entered into between the parties. The suit was decreed on 19.12.2008. On that day, the counsel appearing for the petitioner was absent and an ex parte decree was passed against the petitioner. Later the petitioner came to know that the counsel appearing for the petitioner had been appointed as Public Service Commission Member and there was no representation on his behalf in court. 3. Therefore, petitioner filed Ext.P5 petition to set aside ex parte order. The grievance of the petitioner is that Ext.P5 petition has not been disposed of so far and W.P (C) No.11248 of 2010 2 execution proceedings are pending. Petitioner points out that it is highly necessary that the petition should be disposed of as early as possible, since otherwise irreparable injury and hardship will be caused to the petitioner. 4. In the light of the order that is proposed to be passed , notice to the respondent is unnecessary. 5. Petitioner has approached this court for early disposal of I.,A No.480/2010 in the light of the fact that execution proceedings are pending. The apprehension and anxiety expressed by the petitioner is reasonable. In the result, there will be a direction to the Munsiff Court, Paravoor to take up I.A No.480/200 in O.S.No.52/2005 and dispose it of on merits, as early as possible, at any rate, within two weeks from the date of re- opening of the court after summer vacation The writ petition is disposed of as above. P.BHAVADASAN, JUDGE ma W.P (C) No.11248 of 2010 3 W.P (C) No.11248 of 2010 4 P.BHAVADASAN, JUDGE ma W.P (C) No.11248 of 2010 5 W.P (C) No.11248 of 2010 6