IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 FAO.No. 212 of 2011 ------------------------------------ AGAINST THE ORDERS DATED 13/08/2010 IN IA. NOS.8081/2009 & 8082/2009 IN OS.1262/2007 ON THE FILE OF THE IST ADDITIONAL SUB COURT, THRISSUR. .................... APPELLANT/PETITIONER: ------------------------------------- BALAGOPALAN, AGED 58 YEARS, S/O.THEKKOOTTVEETTIL PAPPI AMMA, NEAR NARASIMHAMOORTHI TEMPLE, THAIKKATTUSSERY DESOM, EDAKKUNNI VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENT --------------------------------------------- VARGHESE, S/O.VATTAPARAMBIL JOSEPH, CHIYYARAM DESOM, VILLAGE, THIRISSUR TALUK. P.O. CHIYYARAM, THRISSUR PIN: 680 026. BY ADVOCATE SHRI M. B. PRAJITH. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.NO.212 OF 2011 ------------------------------------------ Dated this the 9th August, 2011 JUDGMENT K.M. Joseph, J. This Appeal is filed against the orders dated 13.8.2010 in I.A.Nos. 8082/2009 & 8081/2009 in OS. No.1262/2007 on the file of the Ist Additional Sub Court, Thrissur. Appellant is the defendant in OS. No.1262/07 filed by the respondent herein seeking decree for money. The Suit came to be decreed ex parte. The above Applications were filed to set aside the ex parte decree and also to condone the delay of 224 days in filing the Application to set aside the ex parte decree. The court below dismissed the Application for condonation of delay and thereupon the Application to set aside the ex parte decree also was dismissed and accordingly the appellant is before us challenging the said orders. FAO.NO.212 OF 2011 2 2. When the matter came up today, we heard the learned counsel for the appellant and also the respondent. The Suit is one for recovery of Rs.3,00,000/=. Case of the appellant is based on his total denial of the transaction itself. We feel that it will be in the interest of justice that there be an adjudicated decision in the matter. But, the Order cannot be an unconditional one. Accordingly, we set aside the impugned orders and the Applications filed for condonation of delay and for setting aside the ex parte decree, namely I.A. Nos.8081/09 and 8082/09 in OS. No.1262/2007 will stand allowed on condition that the appellant will deposit a sum of Rs.30,000/= (Rupees Thirty Thousand) before the trial court within a period of one month from today and he will also pay costs of Rs.2,000/= (Rupees Two Thousand) to the learned counsel appearing on behalf of the respondent in this Court within a period of ten days from today and produce a Receipt for the same. If the conditions as aforesaid are fulfilled, the trial court will take up the Suit and dispose of the same on or before the FAO.NO.212 OF 2011 3 closure of the court for the summer vacation, 2012. Needless to say, if the conditions are not satisfied, the Appeal will stand dismissed. The Appeal is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge