IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 12660 of 2010(O) -------------------------- AGAINST THE ORDER DATED 04/03/2010 IN IA.303/2010 IN AS.302/2010 of SUB COURT, THIRUVALLA .................... PETITIONER(S): ----------------------- 1. ST.MARY'S ORTHODOX VALIAYAPALLY ,NIRANAM NIRANAM VILLAGE,THIRUVALLA REPRESENTED BY PRESENT VIOCAR AND TRUSTEE. 2. REV.FR.VARGHESE GEORGE, AGED 48, S/O.A.C.GEORGE,THEKKEMOOLACAKL, MUTHOOR P.O., THRUVALLA-689 107, VICAR ST.MARY'S ORTHDOX VALIAYAPALLY ,NIRANAM, NIRANAM VILLAGE,THIRUVALLA REPRESENTED BY PRESENT VIOCAR. BY ADVS. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS RESPONDENT(S): ------------------------- 1. PALLIKADAVIL CHARITABLE AND EDUCATIONAL TRUST, NIRANAM REPRESENTED BY ITS TRUSTEES, HAVING ITS OFFICE AT JERUSALEM MARTHOMA CHURCH, NIRANAM, NIRANAM VILLAGE. 2. REV.FR.V.M.MATHEW, AGED 64 YEARS, S/O.LATE C.K.MATHAI, VICAR, JERUSALEM MARTHOMA CHURCH, NIRANAM & TRUSTEE. 3. KURUVILLA VARGHESE, AGED 57 YEARS, S/O.LATE M.K.VARTHESE MANALIL KOICKAL, NIRANAM, NIRANAM VILLAGE , THE TRUSTEE OF JERUSALEM MARTHOMA CHURCH,NIRANAM & TRUSTEE. R1 TO 3 ADV. SRI. K.SHAJ SRI.SAJJU.S R3 BY ADV. SRI.K.N.RADHAKRISHNAN (THIRUVALLA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12660 of 2010(O) ------------------------------------ APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE IA NO.302/2010 ON 3.3.2010 OF SUB COURT, THIRUVALLA FILED BY PETITIONERS. EXT.P2. COPY OF THE I.A. NO303/2010 ON 3.3.2010 OF SUB COURT, THIRUVALLA FILED BY PETITIONERS. EXT.P3. COPY OF THE ORDER DATED 4.3.2010 IN I.A. NO.302/2010 OF THE SUB COURT, THIRUVALLA. EXT.P4. COPY OF THE ORDER DATED 4.3.2010 IN I.A. NO303/2010 OF THE SUB COUT, THIRUVALLA. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.BHAVADASAN, J. ------------------------------------- WP(C) No.12660 of 2010-O ------------------------------------- Dated this the 14th day of March 2011 Judgment A petition, which ought to have been disposed of long ago, has been kept pending for unnecessary reasons. 2. The respondents herein filed OS No.4/07 before the Sub Court, Thiruvalla for declaration and recovery of possession. The petitioners herein entered appearance and later, they were set ex parte. They filed two petitions, one to set aside the ex parte decree and the other to condone the delay in filing the said petition. Both the petitions were dismissed as per Exts.P3 and P4 orders respectively. 3. It is so unfortunate that the court below has chosen to dismiss the petitions. There would have been nothing wrong had the court allowed the petitions which then, would have, by now, given a quietus to the whole issue. Instead, by dismissing the petitions, the trial of the WPC 12660/10 2 suit has been unnecessarily dragged on. No prejudice would have been caused to the other side by setting aside the ex parte order. 4. Whatever that be, in the facts and circumstances of the case, it is felt that it is only appropriate that the ex parte order be set aside. In the result, Exts.P3 and P4 orders are quashed. The ex parte order passed against the petitioners is set aside and the lower court may proceed with the trial of the suit provided it is ripe for trial. If any petitions are filed by the respective parties, the same shall also be disposed of after hearing both parties. The Writ Petition is disposed of as above. P.Bhavadasan, Judge sta WPC 12660/10 3 WPC 12660/10 4