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Judgment
7 paragraphs · 267 wordsC.S Dias,J.
The original petition is filed to direct the Court of the Subordinate Judge, Thiruvalla, to consider and dispose of R.P.No.1/2023 in O.S. No.3/2014 within a reasonable time period and until such time to defer further proceedings in E.P.No.27/2017.
Pursuant to the order dated 3.3.2023 passed by this Court, the learned Subordinate Judge, by communication dated 7.3.2023, has informed this Court that R.P.No.1/2023 is filed to set aside the ex-parte decree along with an application to condone the delay of 3025 days. The application stands posted for return of notice to 9.3.2023. The court below requires three months time to dispose of R.P No.1/2023.
Heard; Sri.Joseph George, the learned counsel appearing for the petitioners and Sri. V.Philip Mathew, the learned counsel appearing for the respondent.
The learned counsel appearing for the respondent submitted that the respondent has already entered appearance and filed his objections to R.P. No.1/2023.
In the light of the pleadings and materials on record and after perusing the communication of the learned Subordinate Judge, and taking into account the submissions made by the respective counsel appearing for the parties, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Subordinate Judge, Thiruvalla, to consider and dispose of R.P. No.1/2023 in O.S. No.3/2014, in accordance with law and as expeditiously as possible, at any rate, within a period of thirty days from today. Until such time orders are passed on R.P.No.1/2023, further proceedings in E.P. No.27/2017 shall be kept in abeyance.
The original petition is ordered accordingly.