IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4305 of 2008(K)
1. DAVEED, AGED 64 YEARS,
... Petitioner
2. KUNJAMMA DAVEED, AGED 57 YEARS,
Vs
1. VARGHESE GEORGE, AGED 90 YEARS,
... Respondent
2. GEORGE MATHEW, AGED 52 YEARS,
3. C.I. OF POLICE, RANNY.
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/02/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 4305 OF 2008
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Dated this the 5thday of February, 2008
JUDGMENT
This writ petition is filed with a prayer to issue a writ of
certiorari to quash the order dated 29.1.08 in IA 100/08 and to issue
appropriate writ or order allowing Ext.P7.
2. Heard the learned counsel for the writ petitioners. The
writ petitioners are the defendants in OS 220/04. The said suit was
decreed and the counter claim filed by the defendants were
dismissed. It is submitted that an application has been filed to set
aside the ex parte decree as well as to restore the counter claim.
The petition filed for setting aside the ex parte decree is numbered as
IA 1814/07 and for condoning the delay as IA 1815/07. Petitioners
also filed an application for injunction as IA 100/08 and another
application for appointment of a Commissioner as IA 95/08.
3. I am informed that issuance of a Commission is allowed
and other matters are pending. In the injunction petition also, only
notice is ordered. It is for the party to move the court for early
hearing and disposal. Since there is an urgency stated, I direct the
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court below to consider Exts.P5 & P6 and IA 100/08 as expeditiously
as possible and pass orders thereon within a time frame of 10 days
from the date of receipt of a copy of this judgment. I make it clear
that this will not debar the writ petitioners from moving the court for
any other incidental reliefs that the petitioners may like to have, till
the disposal of the applications mentioned above
The writ petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
vps
WPC NO 4305/08 3