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Judgment
8 paragraphs · 379 wordsC.S Dias, J
The original petition is field to direct the Court of the Munsiff, Cherthala to issue the carbon copies of the orders passed in I.A.Nos.44/2021 and 45/2021 within a time frame, and until such time to keep in abeyance all further proceedings in E.P.No.222/2020 in O.S.No.383/2019.
The petitioner’s case, shorn of exhaustive pleadings, is that, they are the 2nd defendant in the suit filed by the 1st respondent. The petitioner was set ex-parte. The petitioner filed I.A.No.44/2021 (Ext.P9) to set aside the ex-parte decree and I.A.No.45/2021 (Ext.P10) to condone the delay in filing Ext.P9 application. The court below, by order dated 03.10.2022, has dismissed Exts.P9 and P10 applications. The petitioner has submitted an application for the carbon copies of the orders passed in Exts.P9 and P10, but the court below is hastily proceeding with the execution proceedings in E.P.No.222/2020. If the property is delivered to the 1st respondent, it would cause grave prejudice and hardship to the petitioner, who is a secured creditor. Hence, the original petition.
Heard; Sri.Varghese C. Kuriakose, the learned counsel appearing for the petitioner. In the light of the limited relief that I propose to pass, I dispense with notice to the respondents.
In the light of the pleadings and materials on record and taking note of the fact that the court below has already dismissed Exts.P9 and P10 applications on 03.10.2022 and the petitioner has filed an application for the carbon copy of the orders, I am of the view that the court below is to be directed to issue the carbon copy of the orders passed on Exts.P9 and P10 and until such time all further proceedings in E.P.No.222/2020 to be kept in abeyance.
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 Munsiff, Cherthala is directed to issue the carbon copy of the orders passed in I.A.Nos.44/2021 and 45/2021, if the same is in order, in accordance with law, as expeditiously as possible ,at any rate on or before 17.10.2022.
(ii) The Court of the Munsiff, Cherthala is directed to keep in abeyance all further proceedings in E.P.No.222/2020 in O.S.No.383/2019 till 25.10.2022.