IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26293 of 2009(O) --------------------------------------- OS.NO.680/2007 OF ADDL.SUB COURT, IRINJALAKUDA. .................... PETITIONER: ------------------- GIRIJA KRISHNAMOORTHY, 60 YEARS, W/O.KOMATH KRISHNANKUTTY, CHERUVAL DESOM, NENMANIKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. MR.K.JAYAKUMAR, MR.P.B.KRISHNAN, MR.N.AJITH. RESPONDENT: ---------------------- JANARDHANAN, 62 YEARS, S/O.THATTASSERY CHATHAKUTTY, PAZHAI DESOM, NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26293 OF 2009 -------------------------- Dated this the 17th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records relating to Ext.P6 order from the file of the Subordinate Judge's Court, Irinjalakkuda, and set aside the same. ii) Allow Ext.P3 application as prayed to. iii) Order stay of all further proceedings in E.P No.208 of 2008 in O.S No.680 of 2007, Sub Court, Irinjalakkuda, pending disposal of the above writ petition. iii) Grant the petitioner such other appropriate interim reliefs that this Hon'ble Court W.P.(C).No.26293 OF 2009 Page numbers may deem fit to grant on the facts and circumstances of the case. 2. Petitioner is the defendant in O.S No.680 of 2007 on the file of the Additional Sub Court, Irinjalakkuda. Suit was one for refund of advance paid on an agreement of sale, and the respondent is the plaintiff. An exparte decree was passed in the suit. Petitioner applied for setting aside that exparte decree with a petition for condoning delay of 220 days. Though the application was opposed to by the respondent / plaintiff, the court below without going into the merits of the cause shown was inclined to grant an opportunity to the petitioner to have a decision on merits. So much so,setting setting aside of the exparte decree by allowing her application, condoning the delay, was ordered subject to deposit of a sum of Rs.20,000/- within the time fixed. It was further directed that the sum deposited shall be adjusted in the event of any decree passed W.P.(C).No.26293 OF 2009 Page numbers against her. In case a decree is passed in her favour, it was further made clear, the amount would be refunded. The direction issued by the court for deposit of the amount of Rs.20,000/- for setting aside the exparte decree is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. The learned counsel for the petitioner submitted, the court having found the cause shown for absence of the petitioner genuine, and thereupon set aside the exparte decree was not justified in imposing a term for deposit of Rs.20,000/-. According to the counsel the term imposed is exessive and unreasonable. After going through Ext.P6 order, I find the court has not expressed any opinion on the cause shown for the absence of the petitioner but has only stated the cause could be true. Anyhow the court has given W.P.(C).No.26293 OF 2009 Page numbers her an opportunity to have a decision on merits subject to terms. I find no impropriety or illegality in the order passed by the court directing the petitioner to deposit a sum of Rs.20,000/- subject to other directions how that amount is to be dealt with later. No interference with the order is called for. 4. The learned counsel for the petitioner sought for extension of time for depositing the amount which has already expired. Having regard to the submissions made, time for deposit is extended till 15/10/2009. If the amount ordered is deposited within the extended time as above, the court below shall receive it as having been made in compliance of Ext.P6 order. Subject to the above directions, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv P.A TO JUDGE