Nazeer T.R vs Jijiu Abraham
2021 Latest Caselaw 22960 Ker

OP(C) No.2193/2021                         1/4




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE V.G.ARUN
              Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943

                                 OP(C) NO. 2193 OF 2021


        E.P.NO.220/2019 IN OS 647/2015 OF PRINCIPAL MUNSIFF COURT , KOTTAYAM.

   PETITIONER/ PETITIONER/ DEFENDANT:

          NAZEER T.R, AGED 45 YEARS, S/O. KOCHU MUHAMMED, ARAFA MANZIL,
          KILIROOR, KOTTAYAM, PIN-686 020

   RESPONDENT/ RESPONDENT/ PLAINTIFF:

          JIJIU ABRAHAM, AGED 54 YEARS, S/O. IBRAHIM YOUSUF, THANNICKAL (H),
          MANARCADU, MANARCADU VILLAGE, KOTTAYAM ,PIN-686 109


        OP (Civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to stay
   all further proceedings including the delivery proposed to be conducted
   pursuant to the orders in Exhibit P6 Execution Petition No. 220/2019 in
   O.s No. 647/2015 in the files of the Munsiff's Court, Kottayam pending
   disposal of this Original Petition (Civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   M/S K.R.VINOD & M.S.LETHA, Advocates for the petitioner, the court passed
   the following:


                                                                              [PTO]
 OP(C) No.2193/2021                          2/4




                                  V.G.ARUN, J.
                           ====================
                             O.P(C).No.2193 OF 2021
                           ====================
                     Dated this the 23rd day of November, 2021

                                      ORDER

Issue notice on admission to the respondent

through speed post.

2. It is submitted that the petitioner has filed

Ext.P5 application for setting aside the ex parte decree

along with Ext.P4 application for condonation of delay,

way back in the year 2019, but orders are yet to be

passed on the applications. Meanwhile, Ext.P6 Execution

Petition was filed and thereupon, the court was alerted

about the pendency of the application for setting aside

the ex parte decree by filing Ext.P7 application. It is

submitted that the execution has proceeded further and

is posted for delivery, whereas Exts.P4 and P5

applications are at a stand still.

3. Being so, the court below is directed to pass OP(C) No.2193/2021 3/4

orders on Exts.P4 and P5 applications expeditiously and

at any rate, within three weeks. The order for effecting

delivery in E.P.No.220 of 2019 in O.S.No.647 of 2015

shall be kept in abeyance for one month.

Post immediately after service of notice.

Sd/-

V.G.ARUN JUDGE

NB/23-11 H/O

23-11-2021 /True Copy/ Assistant Registrar OP(C) No.2193/2021 4/4

APPENDIX OF OP(C) 2193/2021 Exhibit P4 THE COPY OF THE IA NO.3214/2019 FILED BY THE PETITIONER PRAYING TO CONDONE THE DELAY TO SET ASIDE THE EXPARTE DECREE Exhibit P5 THE COPY OF THE IA NO.3215/2019 FILED BY THE PETITIONER PRAYING TO SET ASIDE THE EXPARTE DECREE Exhibit P6 TRUE COPY OF THE EP NO.220/2019 IN THE FILES OF THE MUNSIFFS COURT, KOTTAYAM Exhibit P7 THE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT P6 EXECUTION PETITION FILED BY THE PETITIONER PRAYING TO CONDONE THE DELAY TO SET ASIDE THE EXPARTE JUDGMENT