James Joseph @APPELLANT@Hash Thomman Joseph And Ors

The prayer in this Original Petition (Civil) filed under the enabling provisions contained in Art.227 of the Constitution of India is as follows:

"To direct the court below to consider and pass orders on Exts.P-9 to P-11 as expeditiously as possible, till such time the proceedings in E.P.No. 347/2016 in O.S.No. 75/2013 may be kept in abeyance in the interest of justice."

Heard Sri.R.Santhosh Babu, learned counsel appearing for the petitioner/5th defendant. In the nature of the order that is proposed to be passed in this petition, notice to the respondents will stand dispensed with.

It is submitted by the petitioner's counsel that notices on Exts.P-9 and P-11 I.As. have already been duly served on the respondents and they have entered appearance also. Taking note of the facts and circumstances of this case, it is ordered in the interest of justice that in case Ext.P-9 I.A.No.623/2018 (application to set aside the impugned ex parte decree dated 7.12.2015) and Ext.P-10 I.A.No.622/2018 (application to condone the delay in filing the application to set aside the impugned ex parte decree) filed in O.S.No.75/2013 are still pending consideration before the Munsiff's Court, Alappuzha, then the said court will take up those I.As. for consideration without much delay and after affording an opportunity of being heard to both sides, will pass orders disposing of those I.As. without much delay, preferably within a period of one month from the date of production of a certified copy of this judgment. Until orders are thus passed on Exts.P-9 and P-10 I.As. as stated herein above, further proceedings in E.P.No.347/2016 in O.S.No.75/2013 on the file of Munsiff's Court, Alappuzha, will stand deferred. With these observations and directions, the above Original Petition (Civil) stands finally disposed of.