IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 OP(C).No. 2344 of 2011(O) -------------------------------------- OS.77/2003 of SUB COURT, SULTHAN BATHERY .................................................................................. PETITIONER ------------------- JOHN DOMINIC, AGED 75 YEARS, S/O.DOMINIC, KERIPPARAMBIL, CHIRAKADU, KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ---------------------- 1. RENJITH DOMINIC, S/O.K.T.DOMINIC, KERIPPARAMBIL, POOVANCHIKARA, KOKKYAR, PEERMADE, IDUKKI-685 531. 2. RENDEEP DOMINIC, S/O.K.T.DOMINIC, KERIPPARAMBIL, POOVANCHIKARA, KOKKYAR, PEERMADE, IDUKKI-685 531. R1 & R2 BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI DHANYA CHANDRAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM OP(C).No. 2344 of 2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF PLAINT IN OS NO. 77/2003 OF SUBCOURT, SULTHAN BATHERY P2: COPY OF WRITTEN STATEMENT IN OS NO. 77/2003 OF THE SUB COURT SULTHAN BATHERY P3: COPY OF JUDGMENT DT. 29/10/2009 IN OS NO. 77/2003 OF THE SUBCOURT, SULTHAN BATHERY P4: COPY OF COMPLAIN IN CMP NO. 1044/2008 OF CHIEF JUDICIAL MAGISTRATE COURT KALPETTA DT. 12.5.2009 P5: COPY OF LAWYER NOTICE DT. 10/6/2003 ISSUED ON BEHALF OF THE RESPONDENTS P6: COPY OF REPLY NOTICE ISSUED FOR AND ON BEHALF OF THE PETITIONER AS REPLY TO EXT. P5 DT. 18.6.2003 P7: COPY OF REPLY NOTICE ISSUED ON BEHALF OF ROSAMMA JOSEPH AND GEETHAMMA JOSEPH TO EXT. P5 OF 17.6.2003 P8: COPY OF APPLICATION TO SET ASIDE THE EXPARTE DECREE ALONG WITH AFFIDAVIT P9: COPY OF EXT. A1 AGREEMENT FOR SALE DT. 9/1/2001 RESPONDENTS' EXHIBITS: R1(A) COPY OF PETITION FOR CONDONATION OF DELAY DT.25.8.08 FILED BY JOHN DOMINIC, PETITIONER IN O.S. NO. 77/03 BEFORE THE SUBCOURT, SULTHAN BATHERY. R1(B) COPY OF TE PETITION FOR DECLARATION DT. 28.8.2008 FILED BY JOH DOMINIC IN I.A. NO. 868/08 IN O.S. NO. 77/03 BEFORE THE SUB COURT, SULTHAN BATHERY R1(C) COPY OF PETITION FOR SET ASIDE THE EXPARTE ORDER FILED BY JOHN DOMINIC DT. 25.8.08 IN O.S.NO. 77/03 BEFORE THE SUBCOURT, SULTHAN BATHERY \\TRUE COPY\\ PA TO JUDGE JM N.K.BALAKRISHNAN, J. ---------------------------------------------------- O.P.(Civil)No.2344 of 2011 ---------------------------------------------------- Dated this the 6th day of December, 2011 Judgment The petitioner was the third defendant in O.S.No.77 of 2003 on the file of Sub Court, Sulthan Bathery. Later, an application was filed as I.A.No.870/08 to set aside the ex parte order. That petition was filed under Order IX Rule 7 with a petition to condone the delay of 1811 days. Along with that petition another application, I.A.No.867/08, was also filed where his prayer was to permit him to file written statement in the said suit. One more application as I.A.No.868/08 was also filed in which the relief sought for is to declare him as the Power of Attorney Holder of defendants 1 and 2. All those petitions were dismissed as not pressed on 15.10.2009. The learned counsel for the petitioner submits that those petitions happened to be not pressed because of a wrong advice. Later, the suit itself was decreed on 29.10.2009. It is submitted by the learned counsel that an application was subsequently filed by the petitioner (third defendant) in the suit to set aside the ex parte decree and that O.P.(Civil) 2344/2011 2 petition is now pending before the court below. The limited prayer in this petition is to direct the learned Sub Judge to dispose of that application. In the facts and circumstances of the case mentioned above, there may not be any difficult for the court below to dispose of that application within three months from the date of receipt of a copy of this judgment. The learned Sub Judge will ensure that the petition is disposed of within that period. The interim order passed by this court will remain in force till the disposal of the application mentioned above. The Original Petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd O.P.(Civil) 2344/2011 3 O.P.(Civil) 2344/2011 4