IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35169 of 2009(O)
1. V.RAMACHANDRAN NAIR,
... Petitioner
Vs
1. SUJATHA, ASWATHY,
... Respondent
2. SASIKUMAR, ASWATHY,
3. SUNIL DETAN, ASWATHY,
4. VENEETHA VISWANATHAN,
For Petitioner :SRI.M.SREEKUMAR
For Respondent :SRI.N.R.SURESH KUMAR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :17/02/2010
O R D E R
P. BHAVADASAN, J.
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W.P.(C). No. 35169 of 2009
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Dated this the 17th day of February, 2010.
JUDGMENT
In this writ petition, the petitioner assails
Ext.P.10 order, by which the lower appellate court
allowed the appeal on condition that the petitioner
deposits a sum of Rs.54,060/- with interest at 12% per
annum.
2. Petitioner was the defendant in O.S. 696 of
1995. That suit was decreed ex-parte. It is the case of
the petitioner that he was unaware of the suit and he
had not received summons in the suit at all. It was
admitted by him that he had received a sum of
Rs.12,000/- and he expressed his willingness and
readiness to repay the same. Ultimately, the appellate
court in C.M.A. 99 of 2007 directed the trial court to
dispose of the suit within two months, in case the
petitioner deposits the amount already made mention
of .
WPC. 35169/2009. 2
3. Petitioner says that the condition is very
onerous and some indulgence may be shown.
Considering the facts and circumstances of the
case, it is felt that if the petitioner deposits a sum of
Rs.25,000/- within one month from today, the trial court will
take back the suit on file and try to dispose of the same
within four months therefrom. Execution of the decree will
be kept in abeyance till then.
P. BHAVADASAN,
JUDGE
sb.