IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 OP(C).No. 54 of 2010(O) ----------------------- AGAINST THE ORDER IN EP.86/2009 IN OS.52/2007 of MUNSIFF COURT,CHENGANNUR .................... PETITIONER/2ND JUDGMENT DEBTOR -------------------------------------------------- SAJITHA, AGED 40 YEARS, W/O. RIYAZ, RESIDING AT THADATHIL THAZHETHIL, PUNDALA ERAM MURI, VENMANI P.O., CHENGANNUR. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMBIL SMT.ASHA ELIZABETH MATHEW RESPONDENT(S): DECREE HOLDERS & JUDGMENT DEBTORS ------------------------------------------------ 1. OSILA BEEVI, THADATHIL HOUSE, PUNDALA ERAM MURI, VENMANI P.O., CHENGANNUR 689 121. 2. ANAZ (MINOR), S/O. OSILA BEEVI, THADATHIL HOUSE, PUNDALA ERAM MURI, VENMANI P.O., CHENGANNUR 689 121. 3. DILEENA, THADATHIL HOUSE, PUNDALA ERAM MURI, VENMANI P.O., CHENGANNUR 689 121. 4. RAJEENA, NOUPHIA MANZIL, KADAYIKKADU MURI, KOLLAKADAVU P.O., CHENGANNUR. 5. AISHA BEEVI, SUMAYA MANZIL, MAGARAM MURI, PANDALAM P.O.- 689 501 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.54 of 2010 -------------------------------------- Dated this the 24th day of September, 2010. JUDGMENT Judgment debtor No.2 in E.P.No.86 of 2009 in O.S.No.52 of 2007 of the court of learned Munsiff, Chengannur is the petitioner before me seeking a direction to the learned Munsiff, Chengannur to keep proceedings in E.P.No.86 of 2009 in abeyance till disposal of Exts.P1 and P2, applications filed by petitioner to set aside the exparte decree and to condone the delay in filing that application. Respondent Nos.1 and 2/decree holders filed the suit for partition. It is not disputed that petitioner and respondent Nos.3 and 4 entered appearance in the suit and engaged a counsel and according to them the counsel did not conduct the case properly and that resulted in an exparte decree which petitioner claims that she learnt only on 02.02.2010. Thereon she has filed Exts.P1 and P2, applications on the trial side to set aside the exparte decree and to condone the delay in filing that application. Petitioner also filed Ext.P3, application on the execution side for stay of execution proceedings. But that application ended in a dismissal and delivery is ordered. It is stated that petitioner is residing in a small portion of the suit property which portion is allotted to respondent Nos.1 and 2/decree holders and if delivery is effected virtually she will be thrown out to the road. Learned counsel states that petitioner has a preferential claim to the house where she is residing. As per the submission of learned counsel, on Exts.P1 and P2, applications service on OP(C) No.54/2010 2 respondent Nos.1 and 2 is effected and those applications are coming up for hearing on 27.09.2010. Learned counsel states that those applications were preferred on 05.03.2010. Having regard to the facts and circumstances, I direct that delivery proceedings in E.P.No.86 of 2009 will stand in abeyance till 05.10.2010. In the meantime it is open to the petitioner to request learned Munsiff to dispose of Exts.P1 and P2, applications as provided under law. If petitioner is so advised it will be open to him to move appropriate application for stay of execution on the trial side and if any such application is filed learned Munsiff shall consider the same as well and pass appropriate orders. Resultantly this Writ Petition is disposed of directing learned Munsiff, Chengannur to keep the delivery proceedings in E.P.No.86 of 2009 in O.S.No.52 of 2007 in abeyance till 05.10.2010. THOMAS P.JOSEPH, Judge. cks