IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27224 of 2009(O)
1. NASIM,S/O.ABDUL AZEEZ,RESIDING AT AZIF
... Petitioner
Vs
1. KUMARI,D/O.SUBHADRA,PARAYANVILAKATHU
... Respondent
For Petitioner :SRI.HARISH GOPINATH
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :02/12/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.27224 of 2009 - O
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Dated this the 2nd day of December, 2009
J U D G M E N T
Petitioner is the judgment debtor in E.P.No.303 of 2007 in
O.S.No.409 of 1997 on the file of the Munsiff Court, Kollam. The
decree in the above suit was passed in a suit for money by the
Munsiff Court, Nedumangad and the execution thereof was
transferred to the Munsiff Court, Kollam since the judgment debtor
is working in a public office at that place. Pursuant to steps taken
in execution, at present an order of attachment at the rate of
Rs.3,000/- from the salary of the petitioner to satisfy the decree
debt continues to be in force. That attachment order has been
directed to be kept in abeyance by orders passed by this Court.
The case of the petitioner is that the decree was passed exparte
against him without issuing summons of the suit. He had moved an
application for setting aside the exparte order with a petition to
condone delay, but, that was declined by the learned Munsiff,
Nedumangad. Against the dismissal of that application he has filed
an appeal as C.M.A.No.10 of 2009 before the Sub Court,
Nedumangad. The only relief canvassed in the writ petition is for
issuing a writ/direction/order to the Sub Court, Nedumangad for an
expeditious hearing and disposal of that appeal.
W.P.(C).No.27224 of 2009 – O
2
2. Notice was ordered to be given on the counsel appearing
for the respondent in the court below with a direction to file a
memo. Accordingly, a memo has been filed evidencing service of
notice on such respondent. The respondent, however has not
entered appearance.
3. I heard the counsel for the petitioner.
4. Having regard to the submissions made and taking note
of the facts and circumstances presented, I direct the learned Sub
Judge to give top priority for the hearing and disposal of
C.M.A.No.10 of 2009, provided, service on the respondent has been
effected in the appeal. Order passed earlier for keeping in
abeyance the attachment order shall stand vacated. No further
direction is called for in the writ petition, and it is closed.
Send a copy of the judgment to the Munsiff Court, Kollam,
and Sub Court, Nedumangad.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-