The petitioner suffered a decree and when execution was taken out, on receipt of notice, it is claimed that the petitioner came to know that an ex parte decree has been passed against him for a sum of Rs. 3,00,000/- and odd.
2. The petitioner points out that at the relevant time, he was not in station and he was not aware of the proceedings and he could not participate. It is further pointed out that the vehicle had met with an accident and consequently the insurance company ought to have been made a party in the proceedings.
3. After coming to know about the passing of the decree, the petitioner preferred Exts.P4 and P5 petitions, one to set aside the ex parte decree and the other to condone the O.P.(C).2577/2014. 2 delay in filing the petition to set aside the ex parte decree. Those petitions are pending.
4. The grievance of the petitioner is that while those two petitions are pending, execution petition is being proceeded with which if proceeded will cause irreparable loss and injury to the petitioner since there is every possibility of allowing of Exts. P4 and P5 petitions.
5. The petitioner therefore prays for an expeditious disposal of Exts.P4 and P5. Notice was taken out.. Even though notice was taken out, there is no appearance for the respondent.
In the result, this Original Petition is allowed and the court below is directed to take up Exts.P4 and P5 petitions at the earliest and dispose of them in accordance with law as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
O.P.(C).2577/2014. 3 Till then, the execution proceedings shall be kept in abeyance.
P. BHAVADASAN, JUDGE sb.