IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28803 of 2008(D) -------------------------- AGAINST THE ORDER IN EP.36/2008 IN OS.80/2001 of SUB COURT, OTTAPPALAM .................... PETITIONER: --------------- SMT.R.GOWRI MUTHU, D/O LATE T.S. RAMASWAMY GOUNDER, RANGANATHAPURAM, PUTHUR VILLAGE, MANNARKKAD TALUK. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT: --------------- R.RAVI, S/O RAMASWAMY, BANGLOW MEDU, NO.7 ANNA DAILY MARKET, METTUPALAYAM TALUK, TAMIL NADU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28803 of 2008 ========================== Dated this the 30th day of September, 2008. JUDGMENT The petitioner who is the supplemental 5th defendant who claims to be one of the legal representatives of the deceased sole defendant in O.S. No. 80 of 2001 on the file of the Sub Court, Ottapalam, which was a suit for specific performance of a contract directing the defendant to execute and register an assignment deed with respect to the plaint schedule property in favour of the plaintiff, seeks a direction to dispose of Exts. P4 and P5 petitions expeditiously. 2. Admittedly, the suit was decreed ex parte on 24.11.2005. Ext.P4 is the application filed under Order 9 Rule 13 C.P.C by the petitioner on 09.09.2008. Ext.P5 is an application for stay of execution of the decree. Merely because the petitioner has pleaded that he came to know of the decree only in execution proceedings, it is not a ground for filing an application out of time without being accompanied by a petition to condone the delay. W.P.(C) NO. 28803/2008 : 2: 3. This writ petition is accordingly disposed of directing the Sub Court, Ottapalam to consider Exts.P4 and P5 petitions expeditiously and in case that court is convinced that the petitioner has explained the delay and he has an arguable case in the petition under Order 9 Rule 13 C.P.C., it may consider the question of staying the execution of the ex parte decree. The court below shall pass orders on Exts.P4 and P5 within two weeks of receipt of this judgment. Dated this the 30th day of September, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 28803/2008 : 3: