IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 CRP.No. 92 of 2011 AGAINST THE ORDER DATED 15/11/2010 IN I.A.1419/2010 IN OS.87/2008 OF PRINCIPAL SUB COURT, ALAPPUZHA. REVN. PETITIONER: IST RESPONDENT/PLAINTIFF --------------------------------------------- JASMINE,W/O.LIYAKATH,AGED 48 YEARS, RESIDING AT NISHARA HOUSE,PILAPPUZHA MURI, HARIPPAD VILLAGE,ALAPPUZHA DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SMT.V.SARITHA PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARA PILLAI (VENNELA) RESPONDENTS: PETITIONER & RESPONDENT NOS.2 AND 3/DEFENDANTS ------------------------------------------------------------ 1. K.BHASKARAN,S/O.KESAVAN,AGED 55 YEARS, SECRETARY,SNDP YOGAM,BRANCH NO.363,RESIDING AT ANAVELIL HOUSE.,P.O.VANDANAM,ALAPPUZHA DISTRICT, PIN-688005. 2. SNDP YOGAM,BRANCH NO.363,KAKKAZHAM, P.O. NEERKUNNAM,TDMC WARD,ALAPPUZHA DISTRICT-680005. 3. P.G.BABU, S/O.GANGADHARAN, PRESIDENT, SNDP YOGAM, BRANCH NO.363, RESIDING AT THAYAMKERIL, P.O.VANDANAM, ALAPPUZHA DISTRICT. R1 AND R2 BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.473/2011 IN C.R.P.NO.92/2011 DISMISSED 8.6.2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ C.R.P. NO. 92 OF 2011 A ------------------------------------------------------ Dated this the 8th day of June, 2011 O R D E R The petitioner is the decree holder in O.S.No.87 of 2008, on the file of the Court of the Subordinate Judge, Alappuzha. The suit was filed for realization of money. An exparte decree was passed on 18.3.2008. The decree was put in execution. The property belonging to the judgment debtors was sold. It was purchased by the decree holder herself. At that juncture, the second defendant filed an application to set aside the exparte decree. There was a delay of 854 days in filing the application for setting aside the exparte decree. The court below allowed the application for condonation of delay by a cryptic order dated 15.11.2010, which reads as follows: “Heard. Petition is allowed on payment of Rs.2,000/- as cost. Pay cost on or before 30.11.2010.” The order dated 15.11.2010 is challenged by the decree holder in this Civil Revision Petition. C.R.P. NO.92 OF 2011 :: 2 :: 2. The court below passed the order as if it is an application which is not opposed. The petitioner/plaintiff/decree holder has raised serious objections in I.A.No.1419 of 2010, the application for condonation of delay. The court below was bound to consider the same on the merits. Instead, the application was allowed by a one line order. The order dated 15.11.2010 in I.A.No.1419 of 2010 is, therefore, set aside. The court below shall consider the application afresh in accordance with law. The Civil Revision Petition is allowed as above. (K.T.SANKARAN) Judge ahz/