IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11194 of 2010(R)
1. VEENA @ JASEENA,AGED 31 YEARS,
... Petitioner
Vs
1. VINU.P.R,S/O.RAJENDRAN,PUTHANPURAYIL
... Respondent
For Petitioner :SMT.LEKHA SURESH
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :31/03/2010
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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W.P(C). NO. 11194 OF 2010 R
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Dated this the 31st March, 2010
JUDGMENT
K.M. Joseph, J.
Petitioner challenges Ext.P7. Ext.P7 is an order by which
the application filed by the respondent to condone delay in filing
the Application for setting aside the ex parte decree has been
allowed on payment of Rs.1,000/= as costs.
2. We heard Smt. Lekha Suresh, learned counsel
appearing for the petitioner. She would point out that there is no
explanation given for condoning the delay. There is a delay of
412 days. She would further point out that it was open to the
petitioner to seek modification of the order, and that there was
no need to apply for setting aside the ex parte decree and the
Family Court should not have set aside the order in the manner
done.
3. We must remind ourselves that we are considering a
WPC.11194/2010 R 2
matter under Article 227 of the Constitution. It may be true that
no reason as such is stated in the order also. But, none-the-less,
having regard to the need for adjudicated decision in this matter
also, we need not exercise our discretion to interfere with the
matter. But, in the circumstances of the case, we direct that
M.C.No.359 of 2007 shall be taken up and disposed of within a
period of two months from the date of production of a copy of
this Judgment.
The Writ Petition is disposed of as above.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk. // True Copy //
PS to Judge