IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10720 of 2010(O) ------------------------------------ OS.413/2006 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER(S): ------------------------ JOSEPH VARGHESE S/O.VARGHESE RESIDING OONNUKALLIL VEETTIL, NADHIYATTU JUNCTION, KUMMANAM, AYMANAM, AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. MR.ABRAHAM GEORGE JACOB RESPONDENT(S): ------------------------ GEORGE CHANDY S/O. CNADY, VAHANATTU HOUSE, CHALUKUNNU, KOTTAYAM TALUK, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J --------------------------- W.P.(C).No. 10720 OF 2010 ----------------------------------- Dated this the 29th day of March, 2010 J U D G M E N T The only grievance is regarding setting aside the exparte decree on term. Petition was filed to set aside exparte decree and there was no delay in doing so. He also produced necessary records to show that his absence was not willful and was due to reasons beyond his control. The court below accepted the reason for absence on the date of his trial. In such circumstances cost of Rs.5,000/- should not have been ordered. 2. In the nature of an order proposed to be issued, it is unnecessary to issue notice to respondents. 3. There is no lach of diligence on the part of defendant and he is not guilty of adopting protracted tactics . W.P.(c) No.10720/2010 2 4. Counsel for the petitioner pointed out that the award of Rs.5,000/- is on the higher side and a sum of Rs.2,000/- is sufficient to compensate the plaintiff. The contention appears to be just and reasonable. The reasons given for the absence was found true and accepted. 5. Therefore in modification of the awarding of costs of Rs.5,000/-, costs of Rs.2,000/- shall be deposited before summer vacation. P. BHAVADASAN, JUDGE. Sou.