Kerala High Court
Babu John vs Mariyamma Varghese on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA,
1942
OP(C).No.383 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 650/2014 OF MUNSIFF
COURT, THIRUVALLA
PETITIONER:
BABU JOHN
AGED 50 YEARS
S/O. VARKEY JOHN, VALIYAKKADVU HOUSE,
PALLIPURATHUSSERI P.O, VIKKOM TALUK, KOTTAYAM
DISTRICT NOW RESIDING AT NAZARATHU VILLAYIL,
THIRUVALLA P.O, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN-689 101
BY ADVS.
SRI.JACOB CHACKO
SRI.MATHEWS JOSEPH
RESPONDENTS:
1 MARIYAMMA VARGHESE,
AGED 74 YEARS
W/O. P. CHACKO VARGHESE, POOVAKALA
PADINJARATHIL HOUSE, ANJILITHANAM P.O,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN 689
582.
2 SHINY MATHEWS,
D/O. P. CHACKO VARGHESE , AGED 39, POOVAKALA
PADINJARATHIL HOUSE, ANJILITHANAM P.O,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689
582
3 SHIJIN VAGHESE,
S/O. P. CHACKO VAGHESE, AGED 38, POOVAKALA
PADINJARATHIL HOUSE, ANJILITHANAM P.O,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN 689
582
OP(C).No.383 OF 2021 2
4 SANJEEV VAGHESE,
D/O. P. CHACKO VAGHESE, AGE 20 POOVAKALA
PADINJARATHIL HOUSE, ANJILITHANAM P.O,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689
582
5 SALY BABU,
W/O. BABU JOHN, AGED 48, NAZARATHU VILLAYIL,
THIRUVALLA P.O, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN-689 101.
R1 BY ADV. SRI.JOSEPH GEORGE
R1 BY ADV. SRI.P.A.REJIMON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No.383 OF 2021 3
JUDGMENT
Dated this the 17th day of March 2021
The petitioner in this original petition is the first
defendant in O.S.No.650/2014. An ex-parte decree was passed
by the Munsiff's Court, Thiruvalla against the petitioner and
the co-defendants. The defendants sought to set aside the ex-
parte decree by filing I.A.No.3138/2019 which, according to
them, is still pending before the court below as un-disposed of.
The grievance expressed by the petitioner is that before the
aforesaid I.A. being taken of and disposed of, the court below
is proceeding to execute the ex-parte decree and in the event
of the decree being executed, he will be put to irreparable loss
and hardships.
2. I heard learned counsel appearing for the first
respondent, additional first plaintiff.
3. It was submitted that the service of notices in
I.A.No.3138/2019 is yet to be completed. The learned counsel
for the petitioner seeks a direction be issued to the court
below to take up I.A.No.3138/2019 urgently and dispose it of
within the shortest possible time. I am of the opinion that the
court below is obliged to take up the I.A urgently and decide it
in accordance with law after hearing both parties.
In the result, this original petition is allowed calling upon
the court below to take up the I.A afore said for urgent
consideration and dispose it of within a period of two months
from the date of production of certified copy of this judgment.
The petitioner shall complete the service on respondents in
I.A.No.3138/2019. It is also made clear that the execution
proceedings in E.P.No.41/2020 shall be deferred for the above
period of two months.
Sd/-
T.V.ANILKUMAR
JUDGE
LEK
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF I.A. NO. 3138/2019 IN
O.S. NO. 650/2014 FILED BY THE
PETITIONER BEFORE THE MUNSIFF'S COURT,
THIRUVALLA.
EXHIBIT P2 TRUE COPY OF E.P. NO. 41/2020 IN O.S.
NO. 650/2014 FILED BY THE PETITIONER
BEFORE THE MUNSIFF'S COURT,
THIRUVALLA.
EXHIBIT P3 TRUE COPY OF THE OBJECTIONS FILED BY
THE PETITIONER IN E.P. NO. 41/2020 IN
O.S. NO. 650/2014 FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT,
THIRUVALLA.
