An exparte decree of specific performance was passed against the petitioner in O.S.No.1232 of 2009. The document was executed through court and the decree holder moved for delivery of the property. That seems to have awakened the judgment debtor who filed I.A. No. 4430/2014 seeking to have the exparte decree set aside along with a petition to condone the delay in filing the said petition. His petition for the above purposes was dismissed for default on 10.10.2014 and that forced him to file Ext.P5 petition seeking to have the petitions for setting aside the exparte decree and for condoning the delay restored.
2. In the meanwhile, since the matter stands posted on 08.12.2014 for delivery of the property, the petitioner moves this Court praying for a direction to the trial court to dispose of the above interlocutory applications and till then O.P.(C) No. 2906 of 2014 -2-
keep in abeyance the proceedings for delivery.
3. In the light of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.
4. Though there has been considerable laches on the part of the petitioner in moving the court within the time, the fact remains that the property in which he claims to be in possession is posted for delivery. Since Ext.P5 application is pending, it is only proper that delivery proceedings be kept in abeyance for a short period.
5. This petition is disposed of directing the court below to take up Ext.P5 application and dispose it of on merits as expeditiously as possible, at any rate, within a period of one month from today. If the same is allowed, then to dispose of I.A.No.4430/2013 and delay condonation petition on merits and in accordance with law within a period of three weeks therefrom.
O.P.(C) No. 2906 of 2014 -3-
Delivery of the property shall be kept in abeyance for a period of two months.
Sd/-
P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge