IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 OP(C) NO. 400 OF 2023 OS NO.319 OF 2015 OF MUNSIFF COURT,KAYAMKULAM PETITIONER/ 2 N D RESPONDENT:

SAFEENA AGED 46 YEARS D/O. ABDULLAKUTTY S.J HOUSE, ALAVILA KUNDAYAM P.O., PATHANAPURAM, KOLLAM, PIN - 689695 BY ADVS.

T.M.ABDUL LATHEEF NITHIN A.R.

RESPONDENTS/PETITIONER & 1 S T RESPONDENT:

1 MUHAMMED NAJEEB AGED 60 YEARS S/O.KOCHUKUNJU, NYNARETHU HOUSE, ERUVAMURI, PATHIYOOR VILLAGE, KOLLAM, PIN – 689695 (DIED)

2 AJINAS AGED 55 YEARS S/O. ABDULLAKUTTY KOTTAKKATTU VADAKKETHIL HOUSE PERINGALA, KAYAMKULAM, ALLAPUZHA PIN-690559, ADDL.R3 NABEESATH AGED 50 YEARS W/O MUHAMMED NAJEEB, NYNARETHU HOUSE, ERUVAMURI, PATHIYOORVILLAGE, ALAPPUZHA 689695 ADDL.R4 NAVAS AGED 30 YEARS S/O MUHAMMED NAJEEB, NYNARETHU HOUSE, ERUVAMURI, PATHIYOOR VILLAGE, ALAPPUZHA 689695 ADD.R5 NAJEEMA AGED 28 YEARS D/O MUHAMMED NAJEEB, NYNARETHU HOUSE, ERUVAMURI, PATHIYOOR VILLAGE, ALAPPUZHA 689695 ADDITIONAL RESPONDENTS 3 TO 5 ARE IMPLEADED AS THE LEGAL HEIRS OF R1 VIDE ORDER DATED 31.01.2024 IN IA 1/2024.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Heard the learned counsel for the petitioner. There is no appearance for the respondents.

2. The petitioner is the 2^nd defendant, the 1^st respondent is the plaintiff and the 2^nd respondent is the 1^st defendant in O.S.No.319 of 2015 on the files of the Munsiff Court, Kayamkulam (for short, the trial court'). During the pendency of this original petition, the 1^st respondent died and his legal heirs were impleaded as additional respondents 3 to 5.

3. The suit is one for specific performance of contract and for permanent prohibitory injunction. The petitioner was set ex-parte, and an ex-parte decree was passed against her. She filed an application to set aside the ex-parte decree as R.P.No.78 of 2022 and also I.A.No.1 of 2022 to condone the delay in filing the petition to set aside the ex-parte decree. They are still pending. In the meanwhile, the plaintiff filed the execution petition as E.P.No.44 of 2020 to execute the decree. This Court, as per the order dated 16.02.2023, passed an interim order deferring further proceedings in E.P.No.44 of

2020.

4. The petitioner filed the petition to set aside the ex-parte decree as well as the petition to condone the delay as early as in 2022, but so far, they have not been disposed of. In the letter dated 21.02.2023, the learned Munsiff reported that those petitions could be disposed of within one month.

Considering all these aspects, this original petition is disposed of with a direction to the Munsiff Court, Kayamkulam, to dispose of I.A.No.1 of 2022 and R.P.No.78 of 2022 within a period of two months from the date of receipt of a copy of this judgment. Till the disposal of those petitions, further proceedings in E.P.No.44 of

2020 shall be deferred.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF OP(C) 400/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CASE DETAILS CONTAINED IN THE E-COURTS EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS NO.

319/2015 DATED 23/5/2015 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OS NO.319/2015 OF DATED 30/11/2017 OF MUNSIFF COURT KAYAMKULAM EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 19/11/2021 EXHIBIT P5 TRUE COPY OF THE DIARY PROCEEDINGS IN EP NO.44/2020 OF MUNSIFF COURT KAYAMKULAM EXHIBIT P6 TRUE COPY OF THE PETITION TO STAY THE EXECUTION PROCEEDINGS IN E.A. NO.1/23 IN EP NO.44/2020 DATED 3/1/2023 EXHIBIT P8 TRUE COPY OF THE PETITION TO CONDONE DELAY IN RP NO.78/2022 I.A. NO.1/22 IN OS NO.319/2015 DATED 19/12/2022 EXHIBIT P7 TRUE COPY OF THE ORDER E.A. NO.1/23 IN EP NO.44/2020 DATED 13/1/2023 EXHIBIT P9 TRUE COPY OF THE PETITION TO SETASIDE EXPARTY DECREE IN RP NO.78/2022 IN I.A. NO.1/22 IN OS NO.319/2015 DATED

19/12/2022