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Judgment
C.S Dias, J
The original petition is filed to direct the Court of the Munsiff, Kanjirappally, to consider and dispose of E.A No.3/2022 in EP No.3/2017 in OS No.84/2010 within a time frame.
The petitioner is the Judgment Debtor in the above execution petition filed by the respondent. The Execution Court has by Ext P7 order found that the petitioner has the means to pay the decree debt. Pursuant to Ext P7 order, the petitioner was arrested and produced before the Court. He was released on executing a self-bond for Rs.30,000/-. The matter was referred for mediation. Ext P7 order has been passed without proper appreciation of facts and the law. In the said circumstances, the petitioner has filed EA No.3/2022 (Ext P8) seeking to recall Ext P7 order. The respondent has filed Ext P9 objection to Ext P8. However, the court below, without considering Exts P8 and P9, is proceeding with the execution. The court below may be directed to consider and dispose of Ext P8 within a time frame. Hence, the original petition.
Heard; Sri.Thomas T. Varghese, the learned counsel appearing for the petitioner. In view of the limited relief that I propose to pass, that is to direct the court below to consider and dispose of Ext P8, after adverting to Ext P9, within a time frame, I dispense with notice to the respondent.
In the light of the pleadings and materials on record, and the fact that Ext P8 application is pending consideration before the court below, I direct the learned Munsiff to consider Ext P8 application, after adverting to Ext P9 objection filed by the respondent, and dispose of Ext P8, in accordance with law, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a certified copy of the judgment. Until such time orders are passed on Ext P8, all further proceedings in EP No.3/2017 shall be kept in abeyance.
The original petition is ordered accordingly.