IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 FAO.No. 200 of 2007() --------------------- AGAINST THE ORDER DATED 19/03/2007 IN IA.NO.577/2007 IN OS.27/2006 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT/PETITIONER - DEFENDANT ------------------------------------------------- MARYKUTTY ANTONY, W/O.ANTONY, EDATHATTIL, SEA VIEW WARD, ALAPPUZHA, NOW RESIDING AT HARITHA, 3/266A, NADAKKAVU WEST, KOZHIKODE - 11. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: COUNTER PETITIONER - PLAINTIFF ------------------------------------------- B.A.GAFOOR, S/O.ALIYAR BHAVA, RAHMANIYA MANZIL, CIVIL STATION WARD, ALAPPUZHA. BY ADV. SRI.GOKUL DAS V.V.H. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2539/2007 IN FAO 200/2007 DISMISSED. 6/3/2008. SD/- P.R.RAMAN, JUDGE. SD/- V.K.MOHANAN, JUDGE. //TRUE COPY// P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- F.A.O.No.200 of 2007 ---------------------------------------------- Dated, 6th March, 2008 JUDGMENT Raman,J. This appeal is against the order imposing a condition to pay an amount of Rs.25,000/- by way of cost for setting aside the ex parte order passed against the appellant/defendant. As a matter of fact, after the order was passed by the court below, the appellant/petitioner sought to extend the time for payment of cost. That was also rejected. Hence, she has filed the appeal challenging both the orders. 2. The suit is one for money. The parties have entered into agreement to settle the matter on formal terms. 3. As far as the order passed in I.A.263/2007 in O.S.27/2006, is concerned, the Court below allowed the application to set aside the ex parte order. The only question to be considered is whether the cost ordered by the court below for an amount of Rs.25,000/- as a condition for allowing the application could be said to be an onerous condition imposed FAO 200/2007 -:- 2 -:- on the appellant. The respondent submits that he is waiving his right to cost ordered by the court below in view of the settlement of the main issue. In such circumstances that the main issues are amicably settled between the parties and in the interest of justice, we set aside the order passed by the court below and the suit will stand restored. Parties are entitled to file their compromise petition before the court below. The appeal is allowed. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- FAO 200/2007 -:- 3 -:- V.K.MOHANAN, J. No.... Judgment/Order Dated: