IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 CRP.No. 828 of 2008 --------------------------------- IA.864/2008 IN OS.67/2007 of SUB COURT, KOYILANDY .................... REVN. PETITIONER/PETITIONER/DEFENDANT: M.C.MAJEED, S/O MAMMU, AGED 39, RESIDING AT MOONNUKUNDAN CHALIL HOUSE, MELADY AMSOM DESOM, PAYYOLI POST, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT/RESPONDENT/ PLAINTIFF: CHERAKKOTH HAMSA, S/O MAMMY, AGED 48, MELADY AMSOM, KEEZHUR DESOM, KOYILANDYK TALUK, KOZHIKODE DISTRICT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- C.R.P.No.828 of 2008 -------------------------- ORDER Petitioner is the defendant in O.S.No.67/07 on the file of the Sub Court, Koyilandy. An ex parte decree was passed against him for recovery of an amount of Rs.6,24,525/- with interest, cost, etc. He filed a petition as I.A.No.864/08 to set aside the ex parte decree and vide impugned order, the court below allowed the petition to set aside the ex parte decree on condition that the petitioner shall deposit full cost awarded to the respondent/ plaintiff in the decree within two weeks. 2. The grievance of the petitioner is that the cost involved in the suit comes to Rs.67,608/- and that it is almost impossible to raise such a huge amount within two weeks, whereas, the petitioner is prepared to furnish sufficient security for the entire decree debt and cost of the suit to the satisfaction of the court below. CRP 828/08 2 In the result, I modify the order of the court below and allow the petitioner to have the ex parte decree set aside on furnishing security for the entire decree debt, inclusive of cost, to the satisfaction of the court below positively within two weeks from today, as undertaken by the counsel for the petitioner. In case it is not so furnished, the ex parte decree shall become final and I.A.No. 864/08 filed to set aside the ex parte decree shall stand dismissed. Petitioner is directed to produce a copy of this order in the court below forthwith to enable appropriate orders being passed and with notice to the respondent/plaintiff, as this revision is being disposed of without notice to the respondent. This civil revision petition is disposed of as above. 18th November, 2008 (K.P.Balachandran, Judge) tkv