IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 549 of 2009()
1. AJI KUMAR
... Petitioner
Vs
1. PREETHA
... Respondent
For Petitioner :SRI.SAJU.S.A
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :16/07/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
--------------------------------------------------
Mat.Appeal No.549 OF 2009
-----------------------------------------------------
DATED THIS THE 16th DAY OF JULY, 2009
J U D G M E N T
Basant, J.
Appellant has come to this Court challenging an ex parte
order passed against him directing him to return of ornaments,
articles, cash, etc. to his wife. The impugned order is an ex parte
order. According to the appellant, he was wrongly set ex parte.
Did the appellant file an application to set aside the ex parte
order? Admittedly, the appellant has not. Can the appellant
challenge the order passed on merits? No contention is raised
except that he was wrongly set ex parte.
2. We are not persuaded, in these circumstances to agree
that this Mat.Appeal deserves to be entertained. In the total
absence of any challenge on merits and the challenge raised
being confined only to the correctness of the order setting the
appellant ex parte, we are of the opinion that this Mat.Appeal
only deserves to be dismissed without any fetter on the right of
the appellant to move the court below to get the ex parte order
set aside.
Mat.Appeal No.549/09 -2-
3. According to the appellant, he feels that he will not get
justice at the hands of the Presiding Officer. If that be so, his
option, it appears to us, is only to move an appropriate
application for transfer when and after such application to set
aside the ex parte order is filed.
4. With the above observation, this Mat.Appeal is
dismissed in limine.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn