IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 OP(C).No. 3537 of 2011(O) -------------------------------------- I.A.2683/2011 IN OS.607/2009 OF ADDITIONAL MUNSIFF COURT-I, KOLLAM .................... PETITIONER: -------------------- THANKAMANY. R., D/O. RATHNAMMA, SALINI, VAMANAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------------------- MINI SUDEESH, W/O. SUDHEESH, MELULKULANGARA, KAVADADU, KANNIMEL CHERRY, SAKTHIKULANGARA - 691 581. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3537 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE IA NO. 4027/2010 IN O.S 607/2009 ON THE FILES OF THE MUNSIFF COURT-I, KOLLAM. EXHIBIT-P2- TRUE COPY OF THE I.A NO. 4026/2010 IN O.S 607/2009 ON THE FILES OF THE MUNSIFF COURT-I, KOLLAM. EXHIBIT-P3- TRUE COPY OF THE I.A NO. 2684/2011 IN O.S NO. 607/2009 ON THE FILES OF THE MUNSIFF COURT-I, KOLLAM EXHIBIT-P4- TRUE COPY OF THE I.A NO. 2683/2011 IN O.S NO. 607/2009 ON THE FILES OF THE MUNSIFF COURT-I, KOLLAM. EXHIBIT-P5- TRUE COPY OF THE I.A NO. 4322/2011 IN O.S 607/2009 ON THE FILES OF THE MUNSFF COURT-I, KOLLAM. EXHIBIT-P6- TRUE COPY OF THE I.A NO. 4323/2011 IN O.S NO. 607/2009 ON THE FILES OF MUNSIFF COURT-I, KOLLAM. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3537 of 2011 -------------------------------------- Dated this the 2nd day of November, 2011. JUDGMENT Petitioner is the defendant in O.S.No.607 of 2009 of the court of learned Munsiff-I, Kollam filed by the respondent for recovery of money. There was an exparte decree on 09.02.2010. Petitioner filed Ext.P1, application to set aside the exparte decree with Ext.P2, application to condone the delay contending that she had engaged a counsel who did not file vakalath and later, he expired. Exts.P1 and P2, applications were dismissed for default on 03.01.2011. Then petitioner came with Exts.P3 and P4, applications for review and condonation of delay. Those applications were dismissed for default on 17.07.2011. That was followed by Exts.P5 and P6, applications for review and condonation of delay. Those applications are pending. In the meantime respondent has filed E.P.No.112 of 2010 before the learned Munsiff, Nedumangad for execution of the exparte decree. Petitioner wants a direction for early disposal of Exts.P5 and P6, applications and in the meantime to keep execution proceedings in abeyance. 2. Learned counsel made a fervent plea that until Exts.P5 and P6, applications are disposed of execution proceedings in E.P.No.112 of 2010 of the court of learned Munsiff, Nedumangad may be kept in abeyance. OP(C)No.3537/2011 2 3. It is pointed out that the applications were dismissed for default since the Advocate Clerk had not noted the date of posting not once, but several times. Having heard learned counsel, I am not inclined to think that any order of stay of execution is required. But, Exts.P5 and P6, applications are to be disposed of as early as possible if steps are completed. Resultantly this Original Petition is disposed of directing the learned Munsiff-I, Kollam to dispose of Exts.P5 and P6, applications as early as possible if steps on those applications are over and if there is no legal impediment in its disposal. THOMAS P.JOSEPH, Judge. cks