A decree holder is entitled to pursue execution despite non-appearance if substantial reason exists.

JUDGMENT

This original petition has been filed challenging an order whereby the execution petition is dismissed for non- appearance and E.A.No.564 of 2024 filed for restoration is also dismissed. The petitioner is the decree holder and execution was sought against one of the judgment debtors since he owned properties. It is the said application that has been dismissed. It is stated that the counsel could not appear on that day and arrangements had been made for representation by another counsel, but there was no appearance. Since this is a case where the petitioner has been granted a decree, there is no reason why he should not be permitted to continue the execution against the judgment debtors. The respondents though served notice have not appeared.

In the above circumstances, this original petition is allowed. The order of the Principal Munsiff Court, Ernakulam, in EA.No.564 of 2024 in EP.No.385 of 2016 is set aside. The Munsiff Court, Ernakulam, is directed to take up E.P.No.385 of 2016 on file and hear and dispose of the same on merits.

Sd/-