VINCENT PEREIRA Vs. SUKUMARAN NAIR

JUDGEMENT

(1.) The prayers in the Original Petition are as follows:-

(2.) The petitioner is the defendant in O.S.No.1881 of 2012 on the file of the Munsiff Court-I, Thiruvananthapuram. The suit was decreed against him on 30/3/2016. The plaintiffs filed E.P.No.3 of 2016 seeking execution of the decree. Later, the defendants filed I.A.No.5086 of 2016 (Ext.P3) seeking to set aside the ex parte decree and I.A.No.5085 of 2016 (Ext.P4) seeking to condone the delay of 41 days in preferring the application to set aside the ex parte decree. Exts.P3 and P4 applications were dismissed for non-prosecution.

(3.) The defendant filed I.A.No.99 of 2022 (Ext.P5) seeking to restore Exts.P3 and P4. Ext.P5 is pending before the trial Court. The petitioner/defendant seeks a direction to the trial Court to consider Ext.P5 application as expeditiously as possible.