IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4073 of 2008(I) ------------------------- OS.322/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ V.BALABHADRAN NAIR UDAYAGIRI VAZHICHAL (AYODHYA) KUTTAMALA POST, NEYYATTINKARA TLAUK THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.SANDEEP T.GEORGE RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) REP BY ITS REGIONAL MANAGER KSFE LIMITED, STATUE, THIRUVANANTHAPURAM. 2. BRANCH MANAGER KSFE LIMITED VELLARADA BRANCH, VELLARADA P.O., NEYYATTINKARA THIRUVANANTHAPURAM. 3. THE SPECIAL DEPUTY TAHSILDAR (RR) KSFE LTD, REGIONAL OFFICE, STATUE THIRUVANANTHAPURAM. 4. THE DIST COLLECTOR, THIRUVANANTHAPURAM. BY SC, KSFE- SHRI M.L.SAJEEVAN GOVT.PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4073 OF 2008 --------------------- Dated this the 4thday of February, 2008 JUDGMENT This writ petition is filed with a prayer not to proceed with the recovery steps, pursuant to Ext.P6, till the disposal of Exts.P5 and P7 applications filed in OS 332/04 on the file of the First Additional Sub Court, Thiruvananthapuram. 2. The writ petitioner herein is the plaintiff in the suit. The suit is one for settlement of accounts. As he was not present when the case was listed, the suit was dismissed. Thereafter he filed two applications namely Exts. P5 & P7. Ext.P5 is filed for restoration and Ext.P7 for early disposal of Ext.P5 and also to defer the sale till a decision is taken. 3. Whatever it may be, since the recovery is of a sizable amount and the suit has been dismissed for default, I feel that the recovery proceedings have to be deferred till a decision is taken on Ext.P5 application. Therefore, I direct the court below to dispose of Ext.P5 application itself, as expeditiously as possible, within a time limit of one month from the date of production of a copy of the judgment before the court below and with a further direction not to proceed with the sale of the property for a period of eight weeks from today. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 4073/08 2