Petitioner herein, who is the 4^th defendant in O.S.No.77/2016 who

suffered an ex parte judgment and decree, has approached this court

earlier for expeditious disposal of RPIA No.244/2019 and IA No.

243/2019 pending before the Additional Sub Court, Palakkad. This

court by order in OP No.223/2019 directed the court below to consider

those applications as expeditiously as possible,at any rate, within one

month from the date of receipt of a copy of that judgment. Status quo

was also ordered to be maintained in the meanwhile.

2. It emerges that, petitioner herein thereafter filed Ext.P6

additional affidavit to make averments regarding certain facts which did

not form part of the earlier applications filed by him. Exts.P7 and P8

applications were filed for receiving the additional affidavit in RPIA No.

244/2019 and IA No. 243/2019. Petitioner has again approached this

court for a direction to the court below to consider Exts.P6, P7 and P8

along with the consideration of RPIA No. 244/2019 and IA No.243/2019.

3. It is true that, when the petitioner approached this court earlier

and obtained order in OPC No.223/2019, the necessity of filing the

additional affidavit was not brought to the notice of this court. Probably,

it was not thought at that point of time. It is for the court below to

consider whether the additional affidavit is to be accepted, definitely, after

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hearing the other side, I am not inclined to pass any comment on that.

Hence, the court below may be directed to consider the above

applications as expeditiously as possible before final orders are passed

on RPIA No.244/2019 and IA No. 243/2019.

4. Having considered the limited prayer sought by the petitioner

and the limited relief that is proposed to be granted, I feel that notice to

the respondent can be dispensed with since it will not cause any

prejudce to the opposite side.

5. Accordingly, I am inclined to dispose of the original petition with

a direction to the court below to consider Exts.P6, P7 and Ext.P8 as

expeditiously as possible after affording an opportunity of being heard

and pass appropriate orders before final orders are passed on RPIA No.

244/2019 and IA No. 243/2019 ,

6. Accordingly, the time limit prescribed for disposal of compliance

of the order in OP(C) No.223/22019 will stand extended till 12/4/2019.

Petitioner shall forthwith produce copy of this order before the court

below. Status quo will continue till that time.

The original petition is disposed of as above.

Sd/-

SUNIL THOMAS

dpk

JUDGE

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APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

A TRUE COPY OF THE PETITION IN

O.S.NO.77/2016 OF THE COURT OF THE

ADDITIONAL SUBORDINATE JUDGE OF

PALAKKAD DATED 19.2.2015.

EXHIBIT P2

A TRUE COPY OF REGISTERED SALE DEED

NUMBER 6220/2010 OF THE SRO PALAKKAD

DATED 21.8.2010.

EXHIBIT P3

A TRUE COPY OF RPIA N0.244/2019 IN

O.S.NO.77/2016 OF THE COURT OF THE

ADDITIONAL SUBORDINATE JUDGE OF

PALAKKAD DATED 17.1.2019.

EXHIBIT P4

A TRUE COPY OF I.A.NO.243/2019 IN

O.S.77/2016 OF THE COURT OF THE

ADDTIONAL SUBORDINATE JUDGE OF PALAKKAD

DATED 17.1.2019.

EXHIBIT P5

A TRUE COPY OF THE JUDGMENT DATED

FEBRUARY 12,2019 IN OP(C)NO.223/2019 OF

THIS HONOURABLE COURT.

EXHIBIT P6

A TRUE COPY OF THE ADDITIONAL AFFIDAVIT

FILED BY THE PETITIONER IN

I.A.NO.243/2019 IN O.S.77/2016 OF THE

COURT OF THE ADDITIONAL SUBORDINATE

JUGE OF PALAKKAD DATED 25.2.2019.

EXHIBIT P7

A TRUE COPY OF THE I.A.NO.798/2019 IN

I.A.NO.243/2019 IN O.S.77/2016 OF THE

COURT OF THE ADDITIONAL SUBORDINATE

JUDGE OF PALAKKAD DATED 25.2.2019.

EXHIBIT P8

A TRUE COPY OF I.A.NO.799/2019 IN

I.A.NO.244/2019 IN O.S.77/2016 OF THE

COURT OF THE ADDITIONAL SUBORDINATE

JUDGE OF PALAKKAD DATED 25.2.2019.