The petitioner suffered an ex parte decree in O.S.No.487 of 2010 and the decree holder put the decree in execution. The sale of the property was effected and the sale was confirmed and the property is posted for delivery. 2. The petitioner points out that she filed Exts.P2 and P3 applications namely, Ext.P2 to set aside the ex parte decree and Ext.P3 to condone the delay in filing the petition to set aside the ex parte decree. Those petitions are alleged to have been filed on 18.8.2014 and the respondent filed counter to those petitions on 30.9.2014, which were Exts.P4 and P5.
3. The apprehension expressed by the petitioner is that now that the property is posted for delivery and the petitioner has filed Ext.P6 petition before the execution court to keep in abeyance the execution proceedings till Exts.P2 and P3 are disposed of. The respondent has filed Ext.P7 counter also. The petitioner seeks a direction to the court below to consider and O.P.(C). No.2848 of 2014 2 dispose of Ext.P6 petition and till then the delivery may be kept in abeyance. Since the petitioner filed a petition before the execution court to stay the execution proceedings as evidenced by Ext.P6, it is only proper for this Court to direct the court below to dispose of Ext.P6 as expeditiously as possible.
This Original Petition is disposed of with a direction to the Ist Additional Sub Court, Kozhikode to take up E.A.No.976 of 2014 in E.A.No.455 of 2014 and dispose of the same in accordance with law after hearing the parties. Till the same is disposed of the delivery proceedings shall be kept in abeyance.
Sd/- P.BHAVADASAN, JUDGE.
Jvt