Loading...

Sukumaran vs Chandrika on 29 February, 2008

Kerala High Court
Sukumaran vs Chandrika on 29 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7103 of 2008(U)


1. SUKUMARAN, AGED 53 YEARS, S/O.
                      ...  Petitioner

                        Vs



1. CHANDRIKA, AGED 53 YEARS, D/O.
                       ...       Respondent

                For Petitioner  :SMT.P.R.REENA

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :29/02/2008

 O R D E R
                               M.N.KRISHNAN,J.

                        =========================

                           W.P.(C) NO.7103   OF 2008

                        =========================

                    Dated this the 29th  day of February 2008


                                   JUDGMENT

This writ petition is preferred against the judgment of the

subordinate judge, Irinjalakkuda in CMA 34/2006. The said CMA

was filed against the order of the Munsiff, Kodungallur in

I.A.345/2006 in O.S.1139/2002 whereby the learned Munsiff

allowed the application subject to deposit of Rs.5,000/- before

that court on or before 10.8.2006. Instead of complying the order

of the court, the writ petitioner preferred an appeal which also

met with the same fate. Now it is challenging that order the

present writ petition is filed. I have absolutely no hesitation to

hold that the trial court has been very liberal in its approach and

it only directed the party to deposit Rs.5,000/=, that too after

noting “even if the petitioner’s case is correct towards settlement,

he agrees to pay Rs.15,000/- to the plaintiff’s brother. If that be

so, there will be no loss if the petitioner deposited Rs.5,000/=

before the court in order to set aside the ex-parte decree”. Only a

very reasonable order using the correct judicial discretion is

W.P.(C)7103/2008 2

passed and therefore I do not want to interfere with the same.

Therefore the writ petition is dismissed, but in order to enable the

party to deposit the amount and since the connected proceedings

were pending challenging the order, I extend the time to the writ

petitioner to deposit the amount of Rs.5,000/- up to 31.3.2008.

If the amount is not deposited, by that time, the application filed

for setting aside the ex-parte decree will stand dismissed.

M.N.KRISHNAN, JUDGE

css/

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information