ASHOK KUMAR KANATTU Vs. MANJU

JUDGEMENT

(1.) The original petition is filed to direct the Court of the District Judge, Thrissur, to consider and dispose of IA No.1/2020 in CMA No.81/2017 within a time frame.

(2.) The petitioners' case, in brief, in the original petition is that they are the appellants in CMA No.81/2017. The said appeal has been filed challenging the ex-parte decree that has been passed against them. The Appellate Court had admitted the appeal and passed Ext P3 order staying all further proceedings pursuant to the impugned decree. The appeal was dismissed for default. The petitioners have filed Ext P4 application, under Order XLI Rule 19 of the Code of Civil Procedure, to readmit the appeal. During the pendency of the application, the respondents are proceeding with the execution of the decree. The petitioners would be put to severe prejudice pendency of Ext P4 application. Hence, the Appellate Court may be directed to consider and dispose of Ext P4 within a time frame.

(3.) Heard; Sri.G.Sreekumar Chelur, the learned counsel appearing for the petitioners and Smt.Rajeswary.K, the learned counsel appearing for the respondents.