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2022 Supreme(Online)(KER) 4234

HIGH COURT OF KERALA
BABU JOHN – Appellant
Versus
MARIYAMMA VARGHESE – Respondent


Advocates:
['BLOSSOM MATHEW', '', 'THOMAS JOHN AMBOOKEN', 'B SAJEEV KUMAR']

J U D G M E N T

This is an Original Petition filed under Article 227 of the Constitution of India seeking a direction to the Munsiff Court, Thiruvalla to consider and pass appropriate orders in I.A.No.2615/2021 and I.A.No.2616/2021 as expeditiously as possible. The further prayer is to set aside the order dated 23.12.2021 passed by the Munsiff Court in E.P.No.41/2020 in O.S.650/2014.

2. The learned counsel for the petitioner, who is the judgment debtor before the court below, would submit that no default on the part of the petitioner.

3. Reading the materials forming part of the Original Petition, it could be gathered that a Suit filed in the year 2014 (OS.650/2014) was contested by the defendants till 18.10.2019 and on failure by the defendant/petitioner to appear before the court below for contesting the case, exparty decree was passed. It was thereafter the petitioner filed I.A.3138/2019 to set aside the exparte decree. But it was also dismissed for non prosecution due to the failure on the part of the petitioner. It was thereafter, the execution court issued notice to the petitioner in E.P.No.41/2020. Then also he did not appear. When Ext.P3 order directing him to vacate the decr

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