OP(C) NO. 1351 OF 2024 1 2025:KER:27074 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO. 1351 OF 2024 OS NO.507 OF 2009 OF MUNSIFF COURT,MUVATTUPUZHA PETITIONER: V.P THOMSON, AGED 71 YEARS S/O PAULOSE, VALIYAKATTAYIL, VADAKKEKKARA, MULAKULAM, PIRAVOM VILLAGE, ERNAKULAM DISTRTICT, PIN - 686664 BY ADVS. ESM.KABEER AISHA BEEVI AZEEZ RESPONDENTS: 1 V.U PAULOSE, S/O ULAHANNAN, VALIYAKATTAYIL, VADAKKEKKARA, MULAKULAM, PIRAVOM VILLAGE, ERNAKULAM DISTRTICT, PIN - 686664 2 V.P MOLLY S/O PAULOSE, VALIYAKATTAYIL, VADAKKEKKARA, MULAKULAM, PIRAVOM VILLAGE, ERNAKULAM DISTRTICT, PIN - 686664 BY ADVS. REJI GEORGE George ASWATHY CHANDRAN SUDHEESH K.(K/000093/2024) ANUPAMA JOHNY(K/000498/2004) SAISANKAR.S(K/002188/2021) MOHAMED RAYYAN ALI(K/899/2024) JOSEPH RAJU MATHEWS(K/002036/2024) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1351 OF 2024 2 2025:KER:27074 JUDGMENT (Dated this the 27th day of March, 2025) This original petition is filed for a direction to the Munsiff Court, Muvattupuzha to take up Ext.P2, P3 and Ext.P5 petitions and not to proceed with EP No.1 of 2022. 2. Ext.P1, an ex parte decree, was passed against the petitioner herein on 15.11.2018. Ext.P2 is an application under order 9 Rule 13 CPC to set aside the ex parte decree. Since there was a delay in filing the application, Ext.P3 was filed to condone the delay of 1922 days. The case of the petitioner is that when these two petitions are pending, Ext.P4 EP is not to be proceeded with. Though an application is filed as Ext.P5, the same is also not considered. 3. Having heard the learned counsel for the petitioner as well as the respondents and taking note of the fact that Ext.P2, P3 and P5 are pending, I deem it appropriate to direct the trial Court to take up Ext.P2 and P3 and dispose of the same, and till such time all further proceedings in E.P. shall stand stayed. The order shall be passed within a period of two months from reopening of the Court after summer vacation. The Original Petition (Civil) is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 1351 OF 2024 3 2025:KER:27074 APPENDIX OF OP(C) 1351/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN O.S 507/2009 OF THE HON'BLE MUNSIFF COURT, MUVATTUPUZHA DATED 15/11/2018 Exhibit P2 TRUE COPY OF THE PETITIONS IN I.A NO. 73/2024 IN OS NO.507/2009 IN THE MUNSIFF COURT, MUVATTUPUZHA DATED 20/03/2024 Exhibit P3 TRUE COPY OF THE PETITIONS IN I.A NO. 74/2024 IN OS NO.507/2009 IN THE MUNSIFF COURT, MUVATTUPUZHA DATED 20/03/2024 Exhibit P4 TRUE COPY OF THE E.P NO. 1/2022 THE MUNSIFF COURT, MUVATTUPUZHA DATED 28/01/2022 Exhibit P5 TRUE COPY OF THE E.A NO. 5/2024 IN E.P NO. 1/2022 OF THE MUNSIFF COURT, MUVATTUPUZHA DATED 21/03/2024 //True copy//PA to Judge