IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7103 of 2008(U) ------------------------- CMA.34/2006 of ADDL.SUB COURT, IRINJALAKUDA OS.1139/2002 of MUNSIFF COURT, KODUNGALLUR (IA.345/2006) .................... PETITIONER: ------------ SUKUMARAN, AGED 53 YEARS, S/O. KOZHIPARAMBIL BHASKARAN, ANAPUZHA DESOM, METHALA VILLAGE, KODUNGALLUR TALUK. BY ADV. SMT.P.R.REENA RESPONDENTS: ------------- CHANDRIKA, AGED 53 YEARS, D/O. VENKIDANGIL KANDANKALI, LOKAMALESWARAM VILLAGE, DESOM, KODUNGALLUR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. ========================= W.P.(C) NO.7103 OF 2008 ========================= Dated this the 29th day of February 2008 JUDGMENT This writ petition is preferred against the judgment of the subordinate judge, Irinjalakkuda in CMA 34/2006. The said CMA was filed against the order of the Munsiff, Kodungallur in I.A.345/2006 in O.S.1139/2002 whereby the learned Munsiff allowed the application subject to deposit of Rs.5,000/- before that court on or before 10.8.2006. Instead of complying the order of the court, the writ petitioner preferred an appeal which also met with the same fate. Now it is challenging that order the present writ petition is filed. I have absolutely no hesitation to hold that the trial court has been very liberal in its approach and it only directed the party to deposit Rs.5,000/=, that too after noting "even if the petitioner's case is correct towards settlement, he agrees to pay Rs.15,000/- to the plaintiff's brother. If that be so, there will be no loss if the petitioner deposited Rs.5,000/= before the court in order to set aside the ex-parte decree". Only a very reasonable order using the correct judicial discretion is W.P.(C)7103/2008 2 passed and therefore I do not want to interfere with the same. Therefore the writ petition is dismissed, but in order to enable the party to deposit the amount and since the connected proceedings were pending challenging the order, I extend the time to the writ petitioner to deposit the amount of Rs.5,000/- up to 31.3.2008. If the amount is not deposited, by that time, the application filed for setting aside the ex-parte decree will stand dismissed. M.N.KRISHNAN, JUDGE css/