IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26147 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 205/2009 IN OS.237/2008 of MUNSIFF COURT, VAIKOM .................... PETITIONER(S): ------------------------- HARIHARAN, S/O. NARAYANAN, AGED 46, SIVASREE VEETTIL, PADINJATTINCHERI PADINJARE MURIYIL, NADUVILE VILLAGE, VAIKOM TALUK. BY ADVS. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH). RESPONDENT(S): ----------------------------- MAYA, D/O. NARAYANAN, VALLOOTHARAYIL, PADINJATTINCHERI THEKKEMURIYIL, VAIKOM VILLAGE, VAIKOM TALUK, (W/O. ROY, KOCHUPADIKKAPARAMBIL, KANNUKETTUSSERI MURI, NEDUVILE VILLAGE). BY ADVS. MR.S.RADHAKRISHNAN, MR.S.RAJ MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26147/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXPARTE DECREE PASSED IN O.S.NO.237/2008 DTD. 9/02/2009 ON THE FILE OF THE MUNSIFF COURT, VAIKOM. P2: COPY OF THE I.A.NO.1158/2009 IN O.S.NO.237/2008 DTD.17/08/2009 ON THE FILE OF THE MUNSIFF COURT, VAIKOM. P3: COPY OF THE I.A.NO.1159/2009 IN O.S.NO.237/2008 DTD. 17/08/2009 ON THE FILE OF THE MUNSIFF COURT, VAIKOM. P4: COPY OF THE APPLICATION E.A.NO.318/2009 IN E.P.NO.205/2009 DTD. 17/08/2009 ON THE FILE OF THE MUNSIFF COURT, VAIKOM. P5: COPY OF THE ORDER PASSED IN E.A.NO.318/2009 IN E.P.NO.205/2009 DTD. 8/09/2009 ON THE FILE OF THE MUNSIFF COURT, VAIKOM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.26147 of 2009 - O --------------------------------- Dated this the 24th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following reliefs: “i) To call for the records leading to Ext.P5 and may be pleased to quash the same. ii) To issue an appropriate writ, order or direction commanding the Munsiff Court, Vaikom to defer the delivery ordered in E.P.No.205/2009 for a reasonable period till Exts.P2 and P3 are decided after enquiry, which may be directed to be had within a reasonable time in the interest of justice.” 2. Petitioner is the first defendant in O.S.No.237 of 2008 on the file of the Munsiff Court, Vaikom. Suit was one for eviction and the respondent is the plaintiff. An exparte decree was passed in the suit against the petitioner and other co- defendants, his wife and children. Petitioner and other defendants all of them together have moved an application for setting aside the exparte decree with a petition to condone delay of 188 days. Meanwhile, the respondent/plaintiff moved for execution of the decree. In the execution proceedings the W.P.(C).No.26147 of 2009 - O 2 judgment debtors applied for stay of that proceedings till disposal of the application moved for setting aside the exparte decree. Execution court declined the request by passing Ext.P5 order. The challenge raised in the writ petition is against Ext.P5 order invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. The learned counsel for the petitioner confined his submissions for seeking issue of orders/directions to the trial court for disposal of the application moved for setting aside the exparte decree and condoning of delay thereof within the time fixed by this Court and till then for keeping in abeyance the execution of the decree. 5. Having regard to the submissions made and taking note of the facts and circumstances presented, I find the court below has to be directed to expedite the enquiry on the delay petition, and if the delay is condoned, then, the petition to set aside the exparte decree, within the time fixed, and till then the execution proceedings has to be kept in abeyance. I direct the W.P.(C).No.26147 of 2009 - O 3 learned Munsiff to consider and dispose of Exts.P2 and P3 applications with reference to the objections raised by the plaintiff, after due enquiry, and hearing the counsel on both sides, and dispose such applications within a period of one month from the date of receipt of a copy of this judgment. Till orders are passed on the above applications within the time fixed, the execution court shall keep in abeyance further proceedings in execution of the exparte decree. Subject to the above directions, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-