IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 OP(C).No. 4286 of 2011(O) --------------------------- (AGAINST THE ORDER IN EP.36/2010 IN OS.324/2004 of MUNSIFF COURT, PUNALUR) ................................ PETITIONER (S) : ----------------------- KUNJURAMAN, AGED 52 YEARS, S/O.ADHICHAN, ELAVILATHEKKETHIL VEEDU, PANDITHITTA MURI, THALAVOOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.T.T.RAKESH RESPONDENT(S) : ------------------------ KOCHUPENNU, AGED 54 YEARS, D/O.KURUMBA, KOCHUPURAYIL VEEDU, MANAYARA MURI, PATTAZHIVADAKKEKKARA VILLAGE, FROM ELAVILATHEKKETHIL VEEDU, PANDITHITTA MURI, THALAVOOR VILLAGE, PATHANAPURAM TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV OP(C).No. 4286 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1. : COPY OF THE JUDGMENT IN O.S.NO.324/04 DTD: 28.08.2009 OF THE MUNSIFF COURT, PUNALUR. EXT.P2. : COPY OF THE DECREE WITH PLAN IN O.S.NO.324/04 OF THE MUNSIFF COURT, PUNALUR. EXT.P3. : COPY OF THE MEDICAL CERTIFICATE DTD: 06.12.2011. EXT.P4. : COPY OF THE in accordance with law NO.2776/2011 TO SET ASIDE THE EX-PARTY DECREE. EXT.P5. : COPY OF THE in accordance with law NO.2775/2011 TO CONDONE THE DELAY OF 832 DAYS. EXT.P6. : COPY OF THE EXECUTION APPLICATION EP NO.36/2010 DTD : 06.08.2010. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4286 of 2011 --------------------------------------- Dated this 23rd day of December, 2011 JUDGMENT Petitioner is the judgment debtor in E.P.No.36 of 2010 in O.S.No.324 of 2004 of the Court of learned Munsiff, Punalur. He suffered an ex parte decree on 28.08.2009 for fixation of eastern boundary of the suit property and for prohibitory injunction restraining him from interfering with the possession of respondent. Respondent filed E.P.No.36 of 2010 to execute the decree. On 18.11.2011 the executing court allowed E.A.No.8 of 2011, appointed an Advocate Commissioner and directed the Village Officer to render assistance to execute the decree. Petitioner claimed that he learned about the ex parte decree only then. He filed I.A.Nos.2775 and 2776 of 2011 to condone the delay and set aside the ex parte decree. Prayer in this petition is to keep the execution proceeding in abeyance until those applications are disposed of. 2. It is contended by learned counsel that petitioner was bed ridden and hence could not appear in Court on 28.08.2009. 3. The decree was passed on 28.08.2009 and the execution petition was filed only in the year, 2010. Applications O.P(C).No.4286 of 2011 -: 2 :- to set aside the decree and condone the delay are filed in the year, 2011. On hearing counsel I do not find reason to interfere with execution of the decree at this stage. It is open to the executing court to say that execution of the decree will be subject to the result of the suit in case it is reopened allowing I.A.Nos.2775 and 2776 of 2011. In that circumstance I do not find reason to interfere in the matter. 4. Learned Munsiff is however directed to dispose of I.A.Nos.2775 and 2776 of 2011 as early as possible after completing the preliminary steps. With the above direction this original petition is disposed of. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-