High Court Kerala High Court

Veena @ Jaseena vs Vinu.P.R on 31 March, 2010

Kerala High Court
Veena @ Jaseena vs Vinu.P.R on 31 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11194 of 2010(R)


1. VEENA @ JASEENA,AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. VINU.P.R,S/O.RAJENDRAN,PUTHANPURAYIL
                       ...       Respondent

                For Petitioner  :SMT.LEKHA SURESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :31/03/2010

 O R D E R
                           K. M. JOSEPH &
                    M.L. JOSEPH FRANCIS, JJ.
              --------------------------------------------------
                  W.P(C). NO. 11194 OF 2010 R
              ---------------------------------------------------
                  Dated this the 31st March, 2010

                              JUDGMENT

K.M. Joseph, J.

Petitioner challenges Ext.P7. Ext.P7 is an order by which

the application filed by the respondent to condone delay in filing

the Application for setting aside the ex parte decree has been

allowed on payment of Rs.1,000/= as costs.

2. We heard Smt. Lekha Suresh, learned counsel

appearing for the petitioner. She would point out that there is no

explanation given for condoning the delay. There is a delay of

412 days. She would further point out that it was open to the

petitioner to seek modification of the order, and that there was

no need to apply for setting aside the ex parte decree and the

Family Court should not have set aside the order in the manner

done.

3. We must remind ourselves that we are considering a

WPC.11194/2010 R 2

matter under Article 227 of the Constitution. It may be true that

no reason as such is stated in the order also. But, none-the-less,

having regard to the need for adjudicated decision in this matter

also, we need not exercise our discretion to interfere with the

matter. But, in the circumstances of the case, we direct that

M.C.No.359 of 2007 shall be taken up and disposed of within a

period of two months from the date of production of a copy of

this Judgment.

The Writ Petition is disposed of as above.

Sd/=

K.M. JOSEPH,
JUDGE

Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk. // True Copy //

PS to Judge