IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 21706 of 2005(H)
1. VADAKKEL ELIKUTTY, W/O.KANNUR RAJAN,
... Petitioner
Vs
1. REVATHI, W/O.LATE CHITHRANGADHAN,
... Respondent
2. THANOOJA, D/O.REVATHI, SUDARSHANAM
3. UNNIKRISHNAN, S/O.REVATHI,
For Petitioner :SRI.P.KURUVILLA JACOB
For Respondent :SRI.P.T.MOHANKUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/08/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 21706 OF 2005
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Dated this the 6th day of August, 2007
JUDGMENT
Ext.P3 order by which the learned Munsiff dismissed IA No.1974
of 2003 which was an application filed by the petitioner plaintiff for
enlargement of time for payment of cost Rs.1,000/- which had been
payable as per order in IA No.5376 of 2002 is under challenge.
Having considered the rival submissions made at the Bar and in
view of the materials placed on record, particularly, Exts.P1 and P2
treatment records, issued respectively by Kasturba Hospital, Manipal
and Shirdi Saibaba Cancer Hospital, Manipal, I am of the view that by
way of indulgence the petitioner can be permitted to comply with the
conditions imposed in IA No.5376 of 2002 imposing more stringent
conditions. Accordingly, setting aside this impugned order, I allow IA
No.1974 of 2003 and enlarge the time to the petitioner for being the cost
ordered in IA 5376 of 2002 till 04.09.07, on condition that the petitioner
pays a total amount of Rs.5,000/- by way of cost. Out of the above
amount, Rs.4,000/- will be paid by the petitioner inclusive of the cost
originally ordered as per IA No.5376 of 2002 to the respondent through
their advocate in the court below and the balance amount of Rs.1,000/-
will be paid within the same time limit to the High Court Legal Services
WPC No. 21706 of 2005
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Committee. If payment of cost as ordered above is not made, the
impugned order will stand confirmed and the Writ Petition will stand
dismissed. But, once it is seen that the petitioner has paid the total
amount of Rs.5,000/- inclusive of the original cost of Rs.1,000/- within
the time limit under this judgment, the court below will re-post the suit for
trial, in special list and dispose of the suit in accordance with law.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 21706 of 2005
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