This is a petition filed under Article 227 of the Constitution of India seeking a direction to the District Court, Thrissur to dispose of C.M.A.No. 130/2013 and also to take up I.A.No.4469/2014 at the earliest.
2. The petitioners herein suffered an exparte decree for money. He moved the trial court for setting aside the exparte decree along with a petition to condone the delay in filing the petition for setting aside the exparte decree. Consequent on the dismissal of the delay condonation petition, the petition to set aside the exparte decree was also dismissed compelling the petitioner to go for an appeal as C.M.A.No. 130/2013 before the District Court, Thrissur.
3. The grievance of the petitioners is that the C.M.A. has not been heard so far and in the meanwhile, the O.P.(C) No. 2926 of 2014 -2-
execution proceedings have been taken. The property stands for delivery. This compelled the petitioner to move I.A.No.4469/2014 praying for stay of the execution proceedings, as petitioners honestly believed the since C.M.A. was of the year 2013, it would be disposed of earlier.
4. In the light of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.
5. This petition is disposed of directing the District Court, Thrissur where the C.M.A. No. 130/2013 is pending, to take up first I.A.No.4469/2014 in the said C.M.A. praying for stay of execution of the decree and dispose of the same as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment.
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Thereafter, every endeavour may be made to dispose of C.M.A. also. Proceedings in execution shall stand deferred till 6th January, 2015.
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P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge