IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16077 of 2009(O) --------------------------------------- OS.NO.746/2006 OF IST ADDL.MUNSIFF COURT, TRIVANDRUM .................... PETITIONER: ------------------- SMT. SATHYAVATHI .S, W/O. K. ANIL KUMAR, AGED 37, THERIYIL HOUSE, UDAYAGIRI, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM -87. BY ADV. MR.K.B.PRADEEP. RESPONDENT: ---------------------- SMT. PRABHAKUMARI, W/O. JAYAPRAKASH, RESIDING AT K.P.IX/583-A, KUNNUVILA VEEDU, (NEAR CHURCH) CHENKOTTUKONAM, THUNDATHIL P.O., VIA. KARYAVATTOM, THIRUVANANTHAPURAM -81. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.16077 of 2009 - O --------------------------------- Dated this the 10th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following relief: “To set aside Ext.P1 order and declare that the judgment and decree passed by the court below in O.S.No.746/2006 on 1.1.2009 is still operative”. 2. Petitioner is the plaintiff in O.S.No.746/2006 on the file of the Additional Munsiff court, Thiruvananthapuram. When the suit was listed for trial, the defendant remained ex-parte. Hence an ex-parte decree was passed by the learned Munsiff on 1.1.2009. Later, noticing that a transfer petition was pending before the superior court in respect of the case, the learned Munsiff suo motu reviewed the ex-parte decree passed and restored the suit to file for disposal. Impeaching the correctness of that order contending that the learned Munsiff could not have exercised the power of review for setting aside the ex-parte decree and restoring the suit to file, the petitioner has filed this writ petition. W.P.(C).No.16077 of 2009 - O 2 3. I heard the counsel for the petitioner. 4. Having regard to the submissions made I find no impropriety or illegality in the order passed by the learned Munsiff in setting the ex-parte decree and restoring the suit to file when it was brought to his notice that a transfer petition over the suit was under consideration before the superior forum. Even if there was no stay order passed by the superior court it was prudent and advisable to wait for the order of that court before proceeding further with the trial. That being so the power of review exercised by the learned Munsiff was proper and correct. The writ petition is devoid of any merit, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-