High Court Kerala High Court

Vadakkel Elikutty vs Revathi on 6 August, 2007

Kerala High Court
Vadakkel Elikutty vs Revathi on 6 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21706 of 2005(H)


1. VADAKKEL ELIKUTTY, W/O.KANNUR RAJAN,
                      ...  Petitioner

                        Vs



1. REVATHI, W/O.LATE CHITHRANGADHAN,
                       ...       Respondent

2. THANOOJA, D/O.REVATHI, SUDARSHANAM

3. UNNIKRISHNAN, S/O.REVATHI,

                For Petitioner  :SRI.P.KURUVILLA JACOB

                For Respondent  :SRI.P.T.MOHANKUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :06/08/2007

 O R D E R
                        PIUS C. KURIAKOSE, J.
                          -------------------------------
                      W.P.(C) No. 21706 OF 2005
                        -----------------------------------
                  Dated this the 6th day of August, 2007

                                 JUDGMENT

Ext.P3 order by which the learned Munsiff dismissed IA No.1974

of 2003 which was an application filed by the petitioner plaintiff for

enlargement of time for payment of cost Rs.1,000/- which had been

payable as per order in IA No.5376 of 2002 is under challenge.

Having considered the rival submissions made at the Bar and in

view of the materials placed on record, particularly, Exts.P1 and P2

treatment records, issued respectively by Kasturba Hospital, Manipal

and Shirdi Saibaba Cancer Hospital, Manipal, I am of the view that by

way of indulgence the petitioner can be permitted to comply with the

conditions imposed in IA No.5376 of 2002 imposing more stringent

conditions. Accordingly, setting aside this impugned order, I allow IA

No.1974 of 2003 and enlarge the time to the petitioner for being the cost

ordered in IA 5376 of 2002 till 04.09.07, on condition that the petitioner

pays a total amount of Rs.5,000/- by way of cost. Out of the above

amount, Rs.4,000/- will be paid by the petitioner inclusive of the cost

originally ordered as per IA No.5376 of 2002 to the respondent through

their advocate in the court below and the balance amount of Rs.1,000/-

will be paid within the same time limit to the High Court Legal Services

WPC No. 21706 of 2005
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Committee. If payment of cost as ordered above is not made, the

impugned order will stand confirmed and the Writ Petition will stand

dismissed. But, once it is seen that the petitioner has paid the total

amount of Rs.5,000/- inclusive of the original cost of Rs.1,000/- within

the time limit under this judgment, the court below will re-post the suit for

trial, in special list and dispose of the suit in accordance with law.

PIUS C. KURIAKOSE, JUDGE
btt

WPC No. 21706 of 2005
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