MONSON THOMAS Vs. LAILIMMA SIBICHEN

JUDGEMENT

(1.) The main prayers in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India are as follows:

(2.) Heard Sri.K.Shaj, learned counsel for the petitioner and Sri.R.Sridev, learned counsel for the respondent.

(3.) The petitioner had earlier suffered an ex-parte judgment and decree dated 12.7.2016 in O.S.No.364/2014 filed by the respondent herein/plaintiff in which the petitioner was arrayed as defendant therein. Being aggrieved by the said ex-parte decree, the petitioner had filed application to set aside the said impugned ex-parte decree as well as the application to condone the delay in filing the said application to set aside the ex-parte decree and those applications were dismissed by the trial court on 12.3.2017. Being aggrieved by such dismissal the petitioner had later instituted Ext.P-1 C.M.A.No.53/2017 before the District Court, Kottayam. Along with Ext.P-1 appeal memorandum, the petitioner has also filed Ext.P-2 I.A.No.1350/2017 in the C.M.A to condone the delay in filing the said appeal as well as Ext.P-3 I.A.No.1351/2017 in the said C.M.A to grant stay of operation and execution of the impugned ex-parte decree. The present grievance of the petitioner is that though Exts.P-2 and P-3 applications have been filed as early as on 14.7.2017, the same are still pending consideration before the lower appellate court concerned and orders have been passed on those I.As after hearing both sides. It is further stated that inspite of non-consideration of those I.As, the Execution Court is proceeding with the ex-parte decree. Accordingly, Sri.K.Shaj, learned counsel for the petitioner submits that the limited direction sought for by the petitioner is only that this Court may given necessary direction to the lower appellate court (District Court, Kottayam) to ensure that orders are passed on Exts.P-2 and P-3 I.As for delay condonation as well as interim stay, after hearing both sides and that until orders are passed on those I.As by the lower appellate court, further steps in execution proceedings may be ordered to be kept in abeyance.