Kerala High Court
Predheep vs Joshi on 1 October, 2021
OP(C) NO. 1672 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
OP(C) NO. 1672 OF 2021
AGAINST THE ORDER IN OS 795/2012 OF PRINCIPAL SUB
COURT,IRINJALAKUDA, THRISSUR
PETITIONER/S:
PREDHEEP
AGED 55 YEARS
S/O KRISHNAN,
LOKHAMALLESWARM VILLAGE, KODUNGALLUR THALUK,
SRINGAPURAM,
THRISSUR DISTRICT,
PIN-680664.
BY ADV P.V.JEEVESH
RESPONDENT:
JOSHI
AGED 58 YEARS
S/O THOMAS,
EDAVILLANG VILLAGE,
KODUNGALLUR THALUK,
THRISSUR DISTRICT, PIN-680671.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1672 OF 2021
2
JUDGMENT
The original petition is filed, inter alia, to direct the
Court of the Subordinate Judge, Irinjalakuda, to keep in
abeyance all further proceedings in E.P No.318/2014 in O.S
795/2012.
2. The petitioner has averred in the original petition
that he was the defendant in O.S.795/2012. He was set ex
parte and an ex-parte decree has been passed against him.
Now the respondent is attempting to put the decree to
execution by filing E.P.318/2014. The execution petition
stands posted for delivery on 1.10.2021. The petitioner
could not conduct the case properly as he was out of
station in connection with his employment. Immediately on
learning about the ex parte decree, he filed Ext.P2 (I.A
1259/2019) application to condone the delay in filing the
application to set aside the ex parte decree and Ext.P3 (I.A
OP(C) NO. 1672 OF 2021
No.1258/2019) application to set aside the ex parte
decree . Despite the pendency of the above applications, the
court below is proceeding with the execution proceeding. If
the execution proceeding is finalised before the
consideration of Exts.P2 and P3, the petitioner will be put
to pecuniary loss and hardship. Hence, the court below
may be directed to consider and dispose of Exts.P2 and P3,
in accordance with law, as expeditiously as possible and
until such time, all further proceedings in E.P. No.318/2014
may be kept in abeyance.
3. Heard; Sri.P.V.Jeevesh, the learned counsel
appearing for the petitioner.
4. In view of the limited relief that I propose to pass
and as the direction is being issued to the court below, I
dispense with notice to the respondent.
5. On a consideration of the pleadings and materials
on record in the original petition, particularly taking note
of the fact that Exts.P2 and P3 applications are pending
OP(C) NO. 1672 OF 2021
consideration before the court below since 11.4.2019, in
exercise of the powers of this Court under Article 226 of the
Constitution of India, I direct the court below to consider
and dispose of Exts.P2 and P3 applications, as expeditiously
as possible and in accordance with law, after affording the
respondent an opportunity to file his objections and
hearing both sides. Till orders are passed on Exts.P2 and P3
applications, all further proceedings in E.P. No.318/2014
shall be kept in abeyance.
The original petition is ordered accordingly.
ma/01/10/2021 Sd/- C.S.DIAS, JUDGE
/True copy/
OP(C) NO. 1672 OF 2021
APPENDIX OF OP(C) 1672/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPLICATION, E A
NO.51/2021 IN EP NO.318/2014 IN OS
NO.795/2012 OF THE SUB COURT, IRINJALAKUDA.
Exhibit P2 TRUE COPY OF THE I.A NO.1259/19 FOR
CONDONATION OF DELAY ON THE FILES OF THE
SUB COURT, IRINJALAKUDA
Exhibit P3 TRUE COPY OF THE I.A NO.1258/19 FOR SETTING
ASIDE THE EX PARTE DECREE, ON THE FILES OF
THE SUB COURT, IRINJALAKUDA.
