IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 OP(C).No. 138 of 2011(O) ------------------------ OS.194/2007 of MUNSIFF COURT, PUNALUR .................... PETITIONER : -------------------- MR. BIJU THANKACHAN, AGED 34, S/O.MATHAI THANKACHAN, RESIDING AT BIJU VILLA, CHALAKODU, PAPER MILL WARD, PUNALUR VILLAGE, REPRESENTED THROUGH HIS POWER OF ATTORNEY HOLDER MRS.MARY THANKACHAN, AGED 58 YEARS, W/O. MATHAI THANKACHAN, RESIDING AT BIJU VILLA, CHALAKODU, PAPER MILL WARD, PUNALUR VILLAGE. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): --------------- 1. ABDUL ASEEZ, AGED 46, S/O. MOHAMMED KUNJU, RESIDING AT SULPHA MANZIL, CHALKODU, PUNALUR VILLAGE, PATHANAPURAM TALUK 691 010. 2. MR. KADEEJA ASEEZ, AGED 41, RESIDING AT SULPHA MANZIL, CHALKODU, PUNALUR VILLAGE, PATHANAPURAM TALUK 691 010. 3. MR. VIJAYAKUMR, AGED ABOUT 48, S/O. KESAVAN, ASWATHY BHAVAN, KALLUMALA, PUNALUR VILLAGE, PUNALUR TALUK 691 010. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- O.P.(C).No.138 of 2011 O --------------------------------------------- Dated this the 12th day of January, 2011 JUDGMENT The petitioner, the plaintiff in O.S.No.227 of 2007, filed I.A.No.12 of 2011 to remove the case from the ready list. That application was dismissed by the court below as per the order dated 5th January 2011, which is under challenge in this Original Petition. 2. In the affidavit accompanying the application, the petitioner stated that O.S.No.194 of 2007 was filed by the respondents against the petitioner and that suit was decreed ex-parte. The petitioner filed an application for setting aside the ex-parte decree in O.S.No.194 of 2007 and that application is pending. It is also stated that there was delay in filing the application to set aside the ex-parte decree and the application for condonation of delay is also pending. In those applications in O.S.No.194 of 2007, OPC No.138/2011 2 newspaper publication was directed to be made for service of notice and the applications are posted to 17.1.2011. O.S.No.227 of 2007 is listed to 22.1.2011. 3. The court below dismissed the application stating that the suit was posted for trial in the list as per the order issued on 10.12.2010 and that the application is bereft of bonafides. 4. An order dismissing the application to remove the case from the list shall not be normally interfered with in an Original Petition unless there is patent injustice. In the present case, the fact that an application to set aside the ex-parte decree in another case is pending is not a ground to stay the trial of the suit. The court below was right in dismissing the application. No interference is called for. Accordingly, the Original Petition is dismissed. K.T.SANKARAN JUDGE csl