IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 35169 of 2009(O) --------------------------------------- OS.696/1995 OF II ADDL. SUB COURT, TRIVANDRUM. ............. PETITIONER(S): ---------------------- V. RAMACHANDRAN NAIR, PALLOOTTU HOUSE, MUDAVOOR PANCHAYATH, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): ------------------------- 1. SUJATHA, ASWATHY, KUZHIVILA, KARIMANAL P.O., THIRUVANANTHAPURAM. 2. SASIKUMAR, ASWATHY, KUZHIVILA, KARIMANAL P.O., THIRUVANANTHAPURAM. 3. SUNIL DETAN, ASWATHY, KUZHIVILA, KARIMANAL P.O., THIRUVANANTHAPURAM. 4. VENEETHA VISWANATHAN, ASWATHY, KUZHIVILA, KARIMANAL P.O., THIRUVANANTHAPURAM. BY ADV. MR.N.R.SURESH KUMAR. ADV. MR.N.M. JAMES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.35169/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.696/1995 ON THE FILE OF THE II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM, DATED 12/06/1995. EXT.P2: COPY OF THE SUMMONS DATED 12/06/1995 ISSUED IN O.S. NO.696/1995 ALONG WITH THE REPORT. EXT.P3: COPY OF THE JUDGMENT DATED 31/03/1997 IN O.S. NO.696/1995 OF THE II ADDL. SUB COURT, THIRUVANANTHAPURAM. EXT.P4: COPY OF THE SUMMONS DATED 29/06/1993 ISSUED IN O.S.765/1993. EXT.P5: COPY OF THE NOTICE ISSUED IN E.P. NO.234/2002. EXT.P6: COPY OF THE ORDER DATED 30/01/2004 IN I.A. NO.3579/2003 IN O.S.696/1995 OF THE II ADDL. SUB COURT, THIRUVANANTHAPURAM. EXT.P7: COPY OF THE ORDER DATED 30/01/2004 IN I.A.3578/2003 IN O.S.696/1995 OF THE II ADDL. SUB COURT, THIRUVANANTHAPURAM. EXT.P8: COPY OF THE ORDER DATED 02/07/2007 IN CRP.419/2004 OF THIS HONOURABLE COURT. EXT.P9: COPY OF THE APPEAL MEMORANDUM IN CMA.99/2007 FILED BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM. EXT.P10: COPY OF THE COMMON ORDER DATED 01/10/2009 IN I.A.1785/2009, 1784/2009, 3014/2007 AND JUDGMENT IN CMA NO.99/2007 PASSED BY THE COURT OF THE ADDITIONAL DISTRICT JUDGE-I, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE SUIT NOTICE SENT ON BEHALF OF THE RESPONDENTS TO THE PETITIONER. EXT.R1(b): COPY OF THE REPLY DATED 22/06/1993 SENT ON BEHALF OF THE PETITIONER AGAINST THE ABOVE SUIT NOTICE. EXT.R1(c): COPY OF THE RESTORATION PETITION FILED BY THE PETITIONER BEFORE THE COURT BELOW. EXT.R1(d): COPY OF THE PAPER PUBICATION PUBLISHED IN KERALA KOUMUDHI ON 12/03/1997. //TRUE COPY// P.S. TO JUDGE rs. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 35169 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2010. JUDGMENT In this writ petition, the petitioner assails Ext.P.10 order, by which the lower appellate court allowed the appeal on condition that the petitioner deposits a sum of Rs.54,060/- with interest at 12% per annum. 2. Petitioner was the defendant in O.S. 696 of 1995. That suit was decreed ex-parte. It is the case of the petitioner that he was unaware of the suit and he had not received summons in the suit at all. It was admitted by him that he had received a sum of Rs.12,000/- and he expressed his willingness and readiness to repay the same. Ultimately, the appellate court in C.M.A. 99 of 2007 directed the trial court to dispose of the suit within two months, in case the petitioner deposits the amount already made mention of . WPC. 35169/2009. 2 3. Petitioner says that the condition is very onerous and some indulgence may be shown. Considering the facts and circumstances of the case, it is felt that if the petitioner deposits a sum of Rs.25,000/- within one month from today, the trial court will take back the suit on file and try to dispose of the same within four months therefrom. Execution of the decree will be kept in abeyance till then. P. BHAVADASAN, JUDGE sb.