IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST DECEMBER 2006 / 30TH AGRAHAYANA 1928 CRP.No. 282 of 2006() --------------------------- AGAINST THE JUDGMENT IN CMA. NO.4/05 DT.16.12.05 OF THE SUB JUDGE , KOYILANDY AGAINST THE ORD IN IA. NO.304/04 IN OS. 27/2000 OF THE MUNSIFF- MAGISTRATE, PAYYOLI. REVN. PETITIONER: IST RESPONDENT -------------------------------- NASEEMA, W/O.ABDUL RAHMAN, AGED 34 YEARS, HOUSE WIFE, MADAYANKANDI HOUSE, THRIKKOTTUR AMSOM, DESOM, KOYILANDY TALUK. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) RESPONDENTS: APPELLANT & 2ND RESPONDENT --------------------------------------- 1. ISMAIL, S/O.MAMMAD, AGED 34 YEARS, FISHARMAN, THEKKE MADAPPURAM, PUTHIYA VALAPPIL, THRIKKOTTUR AMSOM, DESOM, KOYILANDY TALUK. 2. KUNHAMMAD, S/O.ABOOBACKER, AGED 45 YEARS, FISHERMAN, MADAYANKANDI THAZHA HOUSE, DO. DO. BY ADV. SRI.B.KRISHNAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------------------ C.R.P.NO.282 OF 2006 (D) ----------------------------------------- Dated this the 21 th day of December, 2006. ORDER This petition is filed challenging the order in C.M.A.4/05, whereunder the application filed by the defendant to set aside the ex-parte decree, which was originally dismissed by learned Munsiff, was allowed on payment of cost of Rs.2,000/- and 25% of the decree amount on or before 16.1.06. Learned counsel appearing for respondent submitted that though learned Sub Judge, Quilandi directed defendants to deposit Rs.2,000/- as cost and 25% of the decree amount before the trial court, the amount was not deposited and the application to set aside the decree stands dismissed. As the ex-parte decree was not set aside, this revision petition is dismissed as infructuous. M.SASIDHARAN NAMBIAR, JUDGE. bkn