Kerala High Court
Varkey Joseph vs Joseph Chacko on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
OP(C) NO. 1915 OF 2020
AGAINST THE ORDER/JUDGMENT IN E.P.NO.30/2019 IN OS 28/2016 OF SUB
COURT,KATTAPPANA, IDUKKI
PETITIONER/S/JUDGMENT DEBTORS:
1 VARKEY JOSEPH
AGED 76 YEARS
S/O. JOSEPH, THAMARAKATTU HOUSE, PADAMUGAM P.O.,
PADAMUGAM KARA, VATHIKUDY VILLAGE, IDUKKI TALUK, IDUKKI
DISTRICT
2 SHILJAN GEOGE,
AGED 40 YEARS
S/O. VARKEY JOSEPH, THAMARAKATTU HOUSE, PADAMUGAM P.O.,
PADAMUGAM KARA, VATHIKUDY VILLAGE, IDUKKI TALUK, IDUKKI
DISTRICT
BY ADV GEORGE SEBASTIAN
RESPONDENT/S/DECREE HOLDER:
JOSEPH CHACKO
AGED 66 YEAR
S/O.CHACKO, CHOORANOLIL HOUSE,MELECHINNAR KARA,
THOPRAMKUDY P.O., VATHIKUDY VILLAGE, IDUKKI TALUK, IDUKKI
DISTRICT,PIN-
BY ADV SRI.LIJI.J.VADAKEDOM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1915 OF 2020
2
JUDGMENT
Petitioners are the judgment debtors in E.P.No.30/2019
in O.S.No.28/2016 of the Sub Court, Kattappana. The suit
was filed for realisation of money and an ex parte decree was
passed against the petitioner. The petitioners moved an
application for setting aside the ex parte decree. Pending
the application, the execution was proceeded with and the
petitioners immovable property was sold. The E.P. is now
posted for confirmation of sale. The relief sought in this
original petition is to keep the confirmation of sale in
abeyance, till orders are passed on the application for setting
aside the ex parte decree.
2. Going by the averments in the original petition, an
extent of 14.94 Ares of land was brought to sale. The
petitioner having filed an application for setting aside the ex
OP(C) NO. 1915 OF 2020
parte decree, it is only appropriate that orders are passed on
the application before confirming the sale.
3. Learned Counsel for the respondent submits that
the application for setting aside the ex parte decree is filed
within an inordinate delay of 600 days and therefore, orders
on the application should be passed only after taking into
account the respondent's objections.
Having heard the learned Counsel, the Original Petition
is disposed of directing the Sub Court, Kattappana to pass
orders on I.A.No. 653 of 2020 and I.A.No.654 of 2020 in
O.S.No.28 of 2016 within a period of one month from the
date of receipt of a copy of this Judgment. Till orders are
passed on the interlocutory applications, further proceedings
in E.P.No.30 of 2019 shall be kept in abeyance.
It is made clear that I have not made any observation on
the merits of the petitioners claim and the court below is at
OP(C) NO. 1915 OF 2020
liberty to pass orders in accordance with law.
Sd/-
V.G.ARUN
JUDGE
RK
OP(C) NO. 1915 OF 2020
APPENDIX OF OP(C) 1915/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED
20.03.2019 IN OS NO.28/2016 OF THE SUB
COURT, KATTAPPANA
EXHIBIT P2 A TRUE COPY OF THE NOTICE FOR SETTLEMENT
OF PROCLAMATION DATED 23.01.2020 ISSUED
IN E.P.NO.30/2019 IN OS NO.28/2016 OF THE
SUB COURT, KATTAPPANA
EXHIBIT P3 A TRUE COPY OF THE APPLICATION FOR
SETTING ASIDE THE EXPARTE DECREE ( IA
NO.654/2020 IN OS NO.28/2016 OF THE SUB
COURT, KATTAPPANA)
EXHIBIT P4 A TRUE COPY OF THE APPLICATION TO CONDONE
THE DELAY IN FILING THE APPLICATION FOR
SETTING ASIDE THE EXPARTE DECREE ( IA
NO.653/2020 IN IN OS NO.28/2016 OF THE
SUB COURT, KATTAPPANA)
EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR STAY
(EA NO.135/2020 IN EP NO.30/2019 IN OS
NO.28/2016 OF THE SUB COURT, KATTAPPANA)
RESPONDENT'S EXHIBITS:NIL
