1 O.P.(C) NO.710 OF 2025 2025:KER:25600 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 O.P.(C) NO.710 OF 2025 (AGAINST THE ORDER/JUDGMENT DATED 15.11.2024 IN OS NO.358 OF 2018 OF MUNSIFF COURT, THIRUVALLA) PETITIONER/JUDGMENT DEBTOR/DEFENDANT: ANSU.K.H, AGED 49 YEARS, S/O. LATE.HAMEED RAWTHER, KUNNUMPURATH VEEDU, VAIPUR.P.O., KOTTANGAL, PATHANAMTHITTA DISTRICT, PIN – 689 588 BY ADV V.PHILIP MATHEWS RESPONDENT/DECREE HOLDER/PLAINTIFF: THOMSON NJANADAS, AGED 69 YEARS, S/O.THOMSON, VELLIKKARAPARAMBIL VEEDU, KULATHOOR.P.O., KULATHOOR NADUBHAGOM MURI, KOTTANGAL VILLAGE, MALLAPPALLY TALUK, PIN – 689 588 BY ADVS. K.N.RADHAKRISHNAN (THIRUVALLA) ANJU SUSAN REJI(K/3094/2023) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON 25.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.710 OF 2025 2025:KER:25600 JUDGMENT (Dated: 25th March, 2025) This original petition is filed by the defendant/decree holder. The suit was filed by the respondent for realisation of an amount of Rs.1,88,150/- with interest. 2. The suit was decreed, and E.P.No.9 of 2020 was filed before the Execution Court for execution of the same. Aggrieved by the de- cree, the petitioner filed R.P.No.26 of 2024, praying to set aside the decree. On the execution side, E.A.No.6 of 24 in E.P.No.9 of 2020 was filed to set aside the sale. Learned Munsiff dismissed the same as per the order dated 15.11.2024. The limited relief sought for in this origi- nal petition is for a direction to the Munsiff Court to take up R. P.No.26 of 2024 and dispose of the same within a time frame. 3. The counsel for the respondent, on receipt of the notice, entered appearance and submits that the decree is executed and the 3 O.P.(C) NO.710 OF 2025 2025:KER:25600 property is delivered to the decree holder, the sale certificate is also received. Since R.P.No.26 of 2024 is pending, I deem it appropriate to dis- pose of this original petition, directing the Munsiff to take up R.P.No.26 of 2024 and dispose of the same within a period of three months. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.710 OF 2025 2025:KER:25600 APPENDIX OF OP(C) 710/2025 PETITIONER EXHIBITS: Exhibit P1 TRUE COPY OF DECREE DATED 30.10.2019 IN O.S.NO.358/2018 ON THE FILE OF HON’BLE MUNSIFF’S COURT, THIRUVALLA Exhibit P2 TRUE COPY OF E.P.NO.9/2020 IN O.S.NO.358/2018 BEFORE THE MUNSIFF’S COURT, THIRUVALLA FILED BY RESPONDENT Exhibit P3 TRUE COPY OF PETITION SCHEDULE PROPERTY IN E.P.NO.9/2020 IN O.S.NO.358/2018 BEFORE THE MUNSIFF’S COURT, THIRUVALLA PRODUCED IN EXHIBIT P2 BY THE RESPONDENT Exhibit P4 TRUE COPY OF OBJECTION FILED BY PETITIONER TO EXHIBIT P2 EXECUTION PETITION DATED 14.08.2023. Exhibit P5 TRUE COPY OF PROCEEDINGS IN EXECUTION PETITION NO.9/2020 ON THE FILE OF MUNSIFF ’S COURT, THIRUVALLA FROM 19-02-2020 TO 29-01-2024 Exhibit P6 TRUE COPY OF E.A.NO.6/2024 IN E.P.NO.9/2020 IN O.S.NO.358/2018 ON THE FILE OF MUNSIFF’S COURT, THIRUVALLA DATED 10.07.2024 . Exhibit P7 TRUE COPY OF OBJECTION TO EXHIBIT P6 FILED BY RESPONDENT DATED 04.09.2024 . Exhibit P8 TRUE COPY OF ORDER DATED 15.11.2024 IN E.A.NO.6/2024 IN E.P.NO.9/2020