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Judgment
8 paragraphs · 267 wordsC. S. Dias, J
The original petition is filed to direct the Court of Additional Munsiff, Alappuzha to consider and dispose of R.P. No.90/2023 and I.A. No.1/2023 in O.S. No.249/2009, expeditiously.
Pursuant to the order dated 09.08.2023 passed by this Court, the learned Additional Munsiff, by communication dated 10.08.2023, has informed this Court that R.P. No.90/2023 is filed to set aside the ex-parte decree and I.A. No.1/2023 to condone the delay of 112 days in filing in the R.P. No.90/2023. Notice in the application is sent to the respondent which stands posted to 04.09.2023. The court below requires three weeks time to dispose of the application after the respondent enters appearance.
Heard; Sri.J. OM Prakash the learned Counsel appearing for the petitioners. Even though notice was served on the respondent, there is no appearance for him.
Having considered the pleadings and materials on record and after perusing the communication of the learned Additional Munsiff, Alappuzha, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I am inclined to allow the original petition.
Resultantly, I order the original petition as follows:
(i) The court of Additional Munsiff, Alappuzha is directed to consider and dispose of R.P. No.90/2023 and I.A. No.1/2023 in O.S. No.249/2009, in accordance with law and as expeditiously as possible, at any rate, within a period of three weeks from the date of respondent enters appearance and file his objection.
(ii) Until such time orders are passed in R.P. No.90/2023 and I.A. No.1/2023 in O.S. No.249/2009, further proceedings in E.P. No.99/2022 shall stand deferred.