DIVYA S Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The original petition is filed to direct the Court of Subordinate Judge, Mavelikkara to consider and dispose of I.A No.7/2022 in O.S. No.39/2019 within a time frame, and until such time to keep all further proceedings in E.P.No.5/2022 in abeyance.

(2.) The petitioner's case, in a nut shell, in the original petition is: she is the defendant in the suit, which is filed by the petitioner for realisation of money. The suit was decreed ex-parte. The petitioner has filed R.P. No.7/2022 to set aside the ex-parte decree. However, the said application was dismissed for default by Ext.P3 order. Thereafter, the petitioner has filed I.A. No.7/2022 (Ext.P4) to restore Ext.P2 application. The said application is pending consideration. In the meantime, the respondent is hastily proceeding with the execution petition. The petitioner has serious contention in the suit. If the execution petition is finalised, it would cause prejudice to the petitioner. Hence, the original petition.

(3.) Heard; Sri.K.Shaj, the learned counsel appearing for the petitioner and Sri.Sunil Shankar, the learned counsel appearing for the respondent.