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
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.