IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 226 of 2009()
1. M.A.BASHEER,
... Petitioner
Vs
1. SHANAVAS,
... Respondent
2. RASHEEDU,
3. RAFEEQUE,
4. MUNEER,
5. ANSAR,
6. SALIM,
For Petitioner :SRI.K.SUNILKUMAR
For Respondent :SRI.RAJESH VIJAYAN
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :01/12/2009
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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F.A.O. No. 226 of 2009
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Dated this the 1st day of December, 2009
JUDGMENT
Joseph, J.
The appellant challenges the common order passed in
IA.Nos. 728 and 729 of 2008 in O.S.No. 278 of 2007. The
appellant is the defendant in the suit, which was decreed ex
parte. He filed an application to set aside the ex parte order.
There was a delay of 338 days in filing the application.
Accordingly he filed an application to condone the delay
also. Both the applications were considered by the court
below and finding that there is no bonafides, dismissed the
petitions.
2. Taking a liberal view, we are of the view that a
decision will have to be taken in the suit on the merits of the
matter.
F.A.O. No. 226 of 2009
2
3. Accordingly we allow this appeal and the impugned order
is set aside, on condition that the appellant deposits Rs.25,000/-
and also pays Rs.3,000/- as cost to the respondent within a period
of one month from today. If the amount is so deposited and cost
paid, the court below will take up the suit and dispose of the same
on or before 31.3.2010. In case the appellant does not pay the
amount of Rs.25,000/- or the cost of Rs.3,000/- and produce memo
in respect of the cost before this court within a period of one
month, the appeal will stand dismissed.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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