IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 116 of 2010()
1. JOGGY JOSEPH
... Petitioner
Vs
1. MANGALANANDAN .A.
... Respondent
For Petitioner :SRI.R.AZAD BABU
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :07/04/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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F. A. O. No.116 of 2010
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Dated this the 7th day of April, 2010
JUDGMENT
Pius C. Kuriakose, J
Under challenge in this appeal filed by the
defendant is an order passed by the Sub Court,
Alappuzha allowing application filed by the
appellant for setting aside the ex parte decree.
The grievance of the appellant is that the court
below allowed the application only by imposing
heavy costs. On going through the impugned
order what we notice is that the cost directed to
be paid is only Rs.6,000/-. We are unable to agree
with Sri.R.Azad Babu that it is a heavy cost that is
ordered by the court below. We do not find any
F. A. O. No.116 of 2010 -2-
warrant for interference. Appeal is dismissed.
However, considering the request of Sri.Azad
Babu, the appellant is given time till 20/05/10 for
complying with the condition imposed in the
impugned order.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-