SUNDARAM HOME FINANCE LTD Vs. SAUDAMINI

JUDGEMENT

(1.) The original petition is field to direct the Court of the Munsiff, Cherthala to issue the carbon copies of the orders passed in I.A.Nos.44/2021 and 45/2021 within a time frame, and until such time to keep in abeyance all further proceedings in E.P.No.222/2020 in O.S.No.383/2019.

(2.) The petitioner's case, shorn of exhaustive pleadings, is that, they are the 2nd defendant in the suit filed by the 1st Respondent. The petitioner was set ex-parte. The petitioner filed I.A.No.44/2021 (Ext.P9) to set aside the ex-parte decree and I.A.No.45/2021 (Ext.P10) to condone the delay in filing Ext.P9 application. The court below, by order dtd. 3/10/2022, has dismissed Exts.P9 and P10 applications. The petitioner has submitted an application for the carbon copies of the orders passed in Exts.P9 and P10, but the court below is hastily proceeding with the execution proceedings in E.P.No.222/2020. If the property is delivered to the 1st Respondent, it would cause grave prejudice and hardship to the petitioner, who is a secured creditor. Hence, the original petition.

(3.) Heard; Sri.Varghese C. Kuriakose, the learned counsel appearing for the petitioner. In the light of the limited relief that I propose to pass, I dispense with notice to the Respondents.