IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO No. 110 of 2007()
1. KOLANGARAKANDY RANDUPURAYIL RUKHIYA,
... Petitioner
2. V.C.KAMAL, S/O.KUNHAMMED HAJI,
Vs
1. P.R.JAFFER HAJI, S/O.MANHU,
... Respondent
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent :T.A.RAMADASAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :29/05/2007
O R D E R
KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR, JJ.
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F.A.O.No.110 of 2007
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Dated 29th May, 2007.
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the order dated
13.12.2006 in I.A.1450/06 in O.S.34/06 on the file of the Sub
Court, Thalassery, whereby the court below declined to allow a
petition filed under Order IX Rule 13 of the Code of Civil
Procedure. According to the appellants, the written statement
was filed along with a petition for enlargement of time.
Apparently the court below was not satisfied as to the reasons for
the delay. After having extensively heard the counsel on both
sides, we are of the view that it is only in the interests of justice,
particularly taking note of the fact that immediately after the
expiry of 90 days the written statement was filed, that the
appellants are given an opportunity to defend their case on
merits, by putting them on terms. Accordingly, we set aside the
order dated 13.12.2006 in I.A.1450/06 and allow the appeal. The
ex parte decree in O.S.34/2006 is also set aside. The parties will
appear before the court below on 7.7.2007. The suit shall be
disposed of within another six months. The appellants shall pay
FAO NO.110/07 2
an amount of Rs.2,500/- to the respondent through the counsel
appearing for the respondent, within one month and the memo
will be produced before the court below on 7.7.2007.
KURIAN JOSEPH, JUDGE.
T.R.RAMACHANDRAN NAIR, JUDGE.
tgs
KURIAN JOSEPH &
T.R.RAMACHANDRAN NAIR, JJ
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L.A.A. NO. OF 2004
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J U D G M E N T
Dated 29th May, 2007.