Kerala High Court
Susha.S vs Brijith Daniel on 5 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP(C) NO. 2190 OF 2023
EP NO.38 OF 2019 OF ADDITIONAL SUB COURT,ATTINGAL
PETITIONER/PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
SUSHA.S, AGED 63 YEARS, PRASANNA BHAVAN,
CHENNAMCODE, VADASSERIKONAM P.O., OTTOOR VILLAGE,
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
BY ADVS.DEEPU THANKAN
UMMUL FIDA, LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.
RESPONDENT/DECREE HOLDER/PLAINTIFF:
BRIJITH DANIEL, AGED 53 YEARS
SAJAN DALE, KUNNUELCHERI, MARATHADI P.O., KOLLAM,
PIN - 695101
BY ADVS.M.R. Rajesh
SANDHYA E.S.(K/2568/1999)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.2190/2023
-:2:-
JUDGMENT
Ext.P8 order passed by the Sub Court, Attingal (for short
'the trial court') is under challenge in this original petition.
2. The petitioner is the judgment debtor in
E.P.No.38/2019 in O.S.No.40/2016. The respondent is the
decree holder.
3. The decree was one for money. It was an ex-parte
decree. The petitioner filed two applications as I.A.Nos.
137/2022 and 138/2022 to set aside the ex-parte decree and
also to condone the delay in filing the petition to set aside the
ex-parte decree. The petitioner filed E.A.No.175/2022 to stay
the execution proceedings till the above mentioned interlocutory
applications were disposed of. Those IAs were dismissed for
default and hence, E.A.No.175/2022 was dismissed as per Ext.P8
order. It is challenging the said order, the petitioner is before
this Court.
4. I have heard both sides.
The learned counsel for the respondent submitted that
Ext.P7 application filed by the petitioner to restore the dismissal
of I.A.Nos. 137 and 138 of 2022 was also dismissed for default
on 9.1.2024. Therefore, nothing survives for consideration.
Accordingly, the original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 2190/2023
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE PLAINT IN
O.S.NO.40/2016 ON THE FILE OF SUB COURT,
ATTINGAL DATED NIL
Exhibit P- 2 A TRUE COPY OF THE EXPARTE DECREE PASSED
IN O.S.NO.40/2016 ON THE FILE OF SUB
COURT, ATTINGAL DATED 30/11/2018
Exhibit P-3 A TRUE COPY OF THE EP 38/2019 ON THE
FILE OF THE SUB COURT, ATTINGAL DATED
06/07/2019
Exhibit P-4 A TRUE COPY OF THE PETITION TO SET ASIDE
EXPARTY DECREE FILED AS I.A. NO.
138/2022 ON THE FILES OF THE SUB COURT,
ATTINGAL DATED NIL
Exhibit P-5 A TRUE COPY OF THE APPLICATION TO
CONDONE THE DELAY IN FILING THE
APPLICATION TO SET ASIDE THE EXPARTY
DECREE FILED AS I.A. NO. 137/2022 ON THE
FILES OF THE SUB COURT, ATTINGAL DATED
NIL
Exhibit P-6 A TRUE COPY OF THE PETITION TO STAY THE
EXECUTION PROCEEDINGS FILED AS
E.A.175/2022 IN E.P. 38/2019 IN O.S. NO.
40/2016 ON THE FILES OF THE SUB COURT,
ATTINGAL DATED NIL
Exhibit P-7 A TRUE COPY OF THE RESTORATION PETITION
NO. 87/2023 DATED 7/6/2023 O.S. NO.
40/2016 ON THE FILES OF THE SUB COURT,
ATTINGAL DATED NIL
Exhibit P-8 A TRUE COPY OF THE ORDER IN EA 17/2022
IN EP 38/2019 IN OS 40/2016 ON THE FILES
OF THE SUB COURT, ATTINGAL DATED
16/08/2023
