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2022 Supreme(Ker) 534

V.G.ARUN
Elstone Tea Estates Limited – Appellant
Versus
Pius C. Mundadan Advocate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Varghese C.Kuriakose, Sri. P.J.Jose, Sri. Susanth Shaji, Sri. Albin A. Joseph
For the Respondent: Sri.Dinesh R.Shenoy, Sri.S.Vinod Bhat, Sri.Ebin Mathew, Sri.M.S.Imthiyaz Ahammed, Kum.Anagha Lakshmy Raman, Sri.P.Rohit Premanandan Shenoy

JUDGMENT :

Petitioners are the judgment debtors in E.P.No.42/2018 and the defendants in O.S.No.133/2013 on the files of the Sub Court, Ernakulam. The suit was filed by the first respondent seeking recovery of an amount of Rs.17,00,000/- with interest and costs. The suit was originally filed against the first petitioner company and its Managing Director. The Managing Director/second defendant expired on 03.12.2013. Thereupon, petitioners 2 to 4 and the second respondent herein were impleaded as additional defendants in their capacity as legal heirs of the deceased second defendant. Failure of the defendants to file written statement resulted in the suit being decreed ex parte on 13.06.2016. Thereupon, the first respondent initiated execution proceedings for realisation of the decretal amount. On being served with notice in E.P.No.42/2018 filed by the first respondent before the Sub Court, Sulthanbathery, the petitioners moved I.A.Nos.4000 and 4001 of 2018 before the Sub Court, Ernakulam seeking to set aside the ex parte decree, after condoning the delay of 838 days. Notice sent to the first respondent in those interlocutory applications was returned unserved. The court below therefor

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