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Judgment
6 paragraphs · 343 wordsC.S.Dias, J
The original petition is filed, interalia, to direct the Court of the Subordinate Judge, Punalur, to consider and dispose of I.A.Nos. 3/2022 and 4/2022 in O.S. 85/2016, within a time frame and until such time to defer further proceedings in E.P.2/2022 as against the petitioner.
Pursuant to the order dated 12.1.2023 passed by this Court, the learned Subordinate Judge, by communication dated 19.01.2023, has informed this Court that I.A Nos.3 and 4/2022 have been filed to set aside the ex parte decree dated 24.5.2018 and to condone the delay of 1606 days in filing I.A No.3/2022. The application stands posted for return of notice of the respondents 3 and 4. The court below would make an endeavour to dispose of the applications within one month after notice is served on all the respondents.
Heard; Sri.Sanil Kumar, the learned counsel appearing for the petitioner and Sri.D.Anil Kumar, the learned counsel appearing for respondents 1 and 2.
In view of the limited relief that I propose to pass and taking note of the fact that the respondents 3 to 5 are the other judgment debtors/defendants in the suit, I dispense with further notice to them.
On a comprehensive consideration of the pleadings and materials on record and after perusing the communication of the learned Subordinate Judge, 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, Punalur, to consider and dispose of I.A Nos.3/2022 and 4/2022 in O.S No.85/2016, after considering the objections filed by the respondents 1 and 2/plaintiffs in the suit and by dispensing with further notice on the respondents 3 to 5 as they are supporting the petitioner, in accordance with law and as expeditiously as possible, at any rate within a period of one month from today. Until such time orders are passed on the above applications, the court below shall defer the execution of the decree in E.P. 2/2022, as against the petitioner. The original petition is ordered accordingly.