IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35872 of 2008(U) -------------------------- PETITIONER(S): --------------------- HDFC BANK(FORMERLY CENTURION BANK OF PUNJAB), AST FORT BRANCH, THIRUVANANTHAPURAM REP. BY ITS MANAGER (LEGAL), SUMITH P.PRASAD. BY ADV. SRI.T.RAJESH RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR THIRUVANANTHAPURAM 2. DEPUTY TAHSILDAR(RR) 3. NOORJAHAN SALIM, D/O.AYSHA BHAI PEEYUSHA, KVR, KUNNUKUZHY PO., THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 35872 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2008 JUDGMENT Petitioner suffered an ex-parte decree in a suit instituted by the third respondent (Ext.P2). According to the learned counsel for the petitioner, petitioner has preferred Ext.P4 for setting aside the ex-parte decree. The suit was instituted for recovery of money. Petitioner was served with Ext.P3 recovery notice for recovery of the amount of cost. 2. Heard learned Government Pleader also. 3. In the light of the fact that petitioner had filed an application for setting aside the ex-parte decree, I feel that the proceedings pursuant to Ext.P3 can be directed to be kept in abeyance for some time as Ext.P4 is pending. In such circumstances, there is no need to issue notice to the third respondent. The writ petition is disposed of directing that proceedings pursuant to Ext.P3 will be kept in abeyance for a period of three months from today. (K.M. JOSEPH, JUDGE) sb