IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 29200 of 2008(A) -------------------------- AGAINST THE ORDER IN IA.617/07,IA.618/07 IN OS.152/2005 of MUNSIFF COURT, ERATTUPETTA .................... PETITIONER(S): --------------- SANTHAKUMARI D/O.NARAYANAN,PUTHIYAPARAMBIL, PUTHENKURISU KARA , ERNAKULAM DISTRICT. FROM KALLADIYIL HOUSE, THALANADU KARA, POONJAR VADAKKEKARA VILLAGE, MEENACHIL TALUK. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- K.N.SATHIYAMMA W/O. E.N.NARAYAN PILLA, THOTTATHIL HOUSE PANACHIPPARA, PONJAR VADAKKEKARA VILLAGE KOTTAYAM DISTRICT. FROM KANNAMKULATHU HOUSE CHANNANIKKADU KARA PANACHIKKADU VILLAGE, KOTTAYAM TALUK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.152/2005 ON THE FILES OF MUNSIFF'S COURT, ERATTUPETTA EXT.P2 TRUE COPY OF I.A.NO.618/2007 IN O.S.NO.152/2005 ON THE FILES OF MUNSIFF'S COURT, ERATTUPETTA EXT.P3 TRUE COPY OF THE I.A.NO.617/2007 IN O.S.NO.152/2005 ON THE FILES OF MUNSIFF'S COURT, ERATTUPETTA EXT.P4 TRUE COPY OF THE OBJECTION TO EXT.P2 FILED BY THE RESPONDENT. EXT.P5 TRUE COPY OF THE COMMON ORDER DATED 29-09-2007 IN EXT.P2 AND P3 EXT.P6 TRUE COPY OF THE I.A.NO.806/2007 IN O.S.NO.152/2005 ON THE FILES OF MUNSIFF'S COURT, ERATTUPETTA EXT.P7 TRUE COPY OF THE ORDER DATED 25-10-2007 IN EXT.P6 EXT.P8 TRUE COPY OF THE ORDER DATED 25-10-2007 IN EXT.P2 /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 29200 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2009 JUDGMENT This writ petition is filed by the first defendant in O.S.No.152/2005 of Munsiff Court, Erattupetta seeking to set aside Exts.P5, P7 and P8 orders. 2. The respondent filed O.S.No.152/2005 before the Munsiff Court, Erattupetta seeking a permanent prohibitory injunction against the petitioner. The petitioner was set ex parte in the suit on 25/03/2006. The petitioner filed I.A.No.617/2007 to condone the delay and I.A.No.618/2007 to set aside the ex parte decree on 09/08/2007. Those petitions were allowed by the Munsiff by Ext.P5 order dated September 29, 2007 directing the petitioner to pay cost of Rs. 4,000/-. As the petitioner was unable to pay the costs, the Munisff dismissed the above I.As by Ext.P8 order dated 25-10-2007. The petitioner filed I.A.No.806/2007 to review the said order which was also dismissed by the Munsiff by Ext.P7 order dated 25-10-2007. Now the petitioner has W.P.(C)No.29200/08 Page numbers challenged the above orders in this writ petition. 3. The counsel for the petitioner submitted that the writ petitioner has filed O.P.No.7/2007 before the Sub Court, Pala for declaration of title and recovery of possession of same properties on the strength of her title. The said suit was filed as an indigent O.P. Counsel submitted that the petitioner is a widow and is unable to pay the costs ordered by the Munsiff Court, I also feel that a cost of Rs. 4,000/- ordered by the Munsiff Court is excessive. Under these circumstances, I feel that a cost of Rs. 1,000 would meet the ends of justice. 4. The writ petition is disposed of as follows : The order of the Munsiff Ext.P7 dated October 25, 2007 and Ext.P8 dated October 25, 2007 are set aside. The order of the Munsiff - Ext.P5 allowing the petition to set aside the ex parte decree and after condoning delay is modified to the effect that the said petition to set aside ex parte decree and to condone the delay will be allowed on payment of cost of Rs. 1,000/-. The petitioner shall pay the cost within two weeks from this date before the trial court. On W.P.(C)No.29200/08 Page numbers payment of cost, the learned Munsiff shall allow I.A.No.617/2007 and I.A.No.618/2007 and set aside the ex parte decree passed in the suit and post the same for trial. The petitioner is permitted to take steps to transfer the suit to Sub Court, Pala to be tried along with the suit filed by the petitioner. P.Q.BARKATH ALI JUDGE sv. W.P.(C)No.29200/08 Page numbers