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Judgment
8 paragraphs · 360 wordsC.S.Dias, J
The original petition is filed to direct the Court of Subordinate Judge, Mavelikkara to consider and dispose of I.A No.7/2022 in O.S. No.39/2019 within a time frame, and until such time to keep all further proceedings in E.P.No.5/2022 in abeyance.
The petitioner’s case, in a nut shell, in the original petition is: she is the defendant in the suit, which is filed by the petitioner for realisation of money. The suit was decreed ex-parte. The petitioner has filed R.P. No.7/2022 to set aside the ex-parte decree. However, the said application was dismissed for default by Ext.P3 order. Thereafter, the petitioner has filed I.A. No.7/2022 (Ext.P4) to restore Ext.P2 application. The said application is pending consideration. In the meantime, the respondent is hastily proceeding with the execution petition. The petitioner has serious contention in the suit. If the execution petition is finalised, it would cause prejudice to the petitioner. Hence, the original petition.
Heard; Sri.K.Shaj, the learned counsel appearing for the petitioner and Sri.Sunil Shankar, the learned counsel appearing for the respondent.
On an analysis of the pleadings and materials on record and taking note of the fact that Ext.P4 application is already pending consideration before the court below to restore Ext.P2 application, I am definitely of the view that the court below is to be directed to consider Ext.P4 application before proceeding with the execution petition, which would do complete justice to both sides.
In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition as follows:-
(i) The Court of the Subordinate Judge, Mavelikkara is directed to consider and dispose of Ext.P4 application, in accordance with law, after affording the respondent to an opportunity to file its counter statement to the above application, as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of a certified copy of the judgment.
(ii) The Court of the Subordinate Judge, Mavelikkara is directed to defer all further proceedings in E.P.No.5/2022 by a further period of one week after the disposal of Ext.P4 application.