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2026 Supreme(Online)(Ker) 14471

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
M/S FUJITSU GENERAL INDIA PVT LTD. – Appellant
Versus
M/S THOMAS TRADERS – Respondent
OP(C) NO. 3207 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.P.PARVATHY, SHRI.ELDHO.N.MONCY, SMT.S.SETHU LEKSHMI
For the Respondents: SMT.SREELAKSHMI P., SMT.FINI GRACE E TENISON, SMT.ARUNIMA.T.S.

The court upheld the stay on execution proceedings pending resolutions of challenges to the ex-parte decree, highlighting the need for expeditious consideration in superior courts.

Headnote:The High Court examined the petition to stay proceedings in E.P.No.281/2025 related to O.S.No.560/2021, affirming earlier deposit conditions. The Munsiff Court is instructed to expedite pending petitions (Exts.P10 and P11). The court ruled to maintain stay until resolutions. The key issue revolved around whether to halt execution pending reconsideration of petitions. The court reasoned that maintaining a stay is favorable pending resolution of Exts.P10 and P11, reaffirming original conditions. The court allowed the petition, directing quick handling of Exts.P10 and P11, with proceedings in E.P.No.281/2025 in abeyance until completion of said petitions.

Table of Content
1. stay of execution sought pending consideration of petitions. (Para 1)
2. court supports prompt handling of pending petitions. (Para 2)

JUDGMENT

The prayer in the original petition is to stay all further proceedings in E.P.No.281/2025 in O.S.No.560/2021 pending before the Munsiff Court, Ernakulam till consideration and disposal of Exts.P10 and P11 petitions pending before the Munsiff Court, Chalakudy. Ext.P10 is an application seeking to set aside an ex- parte decree and Ext.P11 petition is filed to condone the delay in filing Ext.P10 petition. The suit was decreed by the Munsiff Court, Chalakudy and the execution is taken up before the Munsiff Court, Ernakulam.

2. This Court had at the time of admission granted interim stay on condition that the petitioner deposits a sum of ₹35,000/- before the execution court. The said amount has been deposited. The counsel for the respondent submitted that they have no objection in the court directing disposal of Exts.P10 and P11.

In the above circumstances, this original petition is allowed. The Munsiff Court, Chalakudy is directed to take up Exts.P10 & P11 petitions and dispose of the same at the earliest, at any rate within two months from the date of receipt of a certified copy of this judgment. All further proceedings in E.P.No.281/2025 in O.S.No.560/2021 pending before the Munsiff Court, Ernakulam shall be kept in abeyance till the disposal of Exts.P10 and P11 by the Munsiff Court, Chalakudy. The interim order regarding the deposit of amount is also made absolute.

Sd/-

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