IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 OP(C).No. 1659 of 2011(O) -------------------------------------- OS.16/2009 of MUNSIFF COURT, HARIPAD .................... PETITIONER: -------------------- SASIKUMAR, AGED 43 YEARS, S/O. RAMACHANDRAN PILLAI, KANNAMTHANATHU VEEDU, PILAPPUZHA MURI, HARIPAD. BY ADV. SRI.BENOY K.KADAVAN RESPONDENT(S): ------------------------- 1. C.T. SAMUEL, AGED 52 YEARS, S/O. CHERIAN THANKAPPAN, KANNILETHU VEEDU, NADUVATTOM MURI, PALLIPPAD-688 716. 2. BINNY SAMUEL, W/O.C.T. SAMUEL, KANNILETHU VEEDU, NADUVATTOM MURI, PALLIPPAD-688 716. R1 & R2 BY ADV. SRI.M.R.SUDHEENDRAN. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 1659 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P. NO.43/2010. EXT.P2: COPY OF THE ORDER DATED 07/04/2011 IN E.P. NO.43/2010 OF THE MUNSIFF COURT, HARIPAD. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE JUDGMENT DATED 30/11/2009 IN O.S. NO.16/2009 OF THE MUNSIFF COURT, HARIPAD. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1659 of 2011 -------------------------------------- Dated this the 23rd day of August, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.43 of 2010 in O.S.No.16 of 2009 of the court of learned Munsiff, Harippad and has suffered an exparte decree for mandatory injunction to remove the fence on a finding regarding right of easement of respondents/decree holders. According to the petitioner, he had no information about the pendency of the suit though a publication is said to have been made in the 'Mangalam Daily'. He claims that even in the execution proceeding notice was published in the said Daily and learning about the decree, petitioner approached the executing court and requested to stay the proceeding. That request was not accepted and the executing court passed Ext.P2, order directing the Amin to execute the decree on 25.05.2011 and submit a report on 26.05.2011. It is at that stage petitioner approached this Court with this Original Petition. 2. This Court while admitting the Original Petition granted an interim stay of further proceedings in E.P.No.43 of 2010 (in O.S.No.16 of 2009) on 24.05.2011. That order remains in force. 3. It is pointed out by learned counsel that petitioner has already filed I.A.Nos.622 of 2011 and 623 of 2011 before the learned Munsiff, Harippad to set aside the exparte judgment and decree and to condone the delay in filing the OP(C) No.1659/2011 2 application. Those applications are posted on 24.09.2011 for appearance of respondents. Learned counsel requested that in the circumstances, further proceedings in execution may be kept in abeyance and I.A.Nos.622 and 623 of 2011 may be directed to be disposed of at the earliest. 4. Having heard learned counsel and considering the contention that petitioner did not get information about pendency of the suit, I am inclined to extend the interim order of stay to be in force till 30.09.2011. In the meantime, it is open to the petitioner to seek relief on I.A.Nos.622 and 623 of 2011 as provided under law. Resultantly this Original Petition is disposed of directing that further proceedings in E.P.No.43 of 2010 in O.S.No.16 of 2009 of the court of learned Munsiff, Harippad will stand in abeyance till 30.09.2011 or till the learned Munsiff passes appropriate orders on I.A.Nos.622 and 623 of 2011, whichever is earlier. THOMAS P.JOSEPH, Judge. cks