High Court Kerala High Court

Kolangarakandy Randupurayil … vs P.R.Jaffer Haji on 29 May, 2007

Kerala High Court
Kolangarakandy Randupurayil … vs P.R.Jaffer Haji on 29 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 110 of 2007()


1. KOLANGARAKANDY RANDUPURAYIL RUKHIYA,
                      ...  Petitioner
2. V.C.KAMAL, S/O.KUNHAMMED HAJI,

                        Vs



1. P.R.JAFFER HAJI, S/O.MANHU,
                       ...       Respondent

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  :T.A.RAMADASAN

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :29/05/2007

 O R D E R
      KURIAN JOSEPH &  T.R.RAMACHANDRAN NAIR,  JJ.

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                          F.A.O.No.110 of 2007

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                         Dated 29th   May,  2007.


                               J U D G M E N T

Kurian Joseph, J.

This is an appeal filed against the order dated

13.12.2006 in I.A.1450/06 in O.S.34/06 on the file of the Sub

Court, Thalassery, whereby the court below declined to allow a

petition filed under Order IX Rule 13 of the Code of Civil

Procedure. According to the appellants, the written statement

was filed along with a petition for enlargement of time.

Apparently the court below was not satisfied as to the reasons for

the delay. After having extensively heard the counsel on both

sides, we are of the view that it is only in the interests of justice,

particularly taking note of the fact that immediately after the

expiry of 90 days the written statement was filed, that the

appellants are given an opportunity to defend their case on

merits, by putting them on terms. Accordingly, we set aside the

order dated 13.12.2006 in I.A.1450/06 and allow the appeal. The

ex parte decree in O.S.34/2006 is also set aside. The parties will

appear before the court below on 7.7.2007. The suit shall be

disposed of within another six months. The appellants shall pay

FAO NO.110/07 2

an amount of Rs.2,500/- to the respondent through the counsel

appearing for the respondent, within one month and the memo

will be produced before the court below on 7.7.2007.

KURIAN JOSEPH, JUDGE.

T.R.RAMACHANDRAN NAIR, JUDGE.

tgs

KURIAN JOSEPH &

T.R.RAMACHANDRAN NAIR, JJ

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L.A.A. NO. OF 2004

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J U D G M E N T

Dated 29th May, 2007.