IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 11194 of 2010(R) --------------------------------------- (CRL.M.C. NO. 359/07 OF FAMILY COURT, ERNAKULAM) .................... PETITIONER: ------------------- VEENA @ JASEENA,AGED 31 YEARS, D/O.AHAMEDUNNI,KADAVIL HOUSE,VALLUVELI, KOONAMMAVU.P.O. BY ADVS. SMT.LEKHA SURESH, MR.ASHOK SURESH. RESPONDENT: ---------------------- VINU.P.R, S/O.RAJENDRAN,PUTHANPURAYIL HOUSE, UDYOGAMANDAL.P.O, EROOR SOUTH,NOW RESIDING AT G1 B BLOCK,KATAPANA FLAT,KULATHOR,CHENNAI, TAMILNADU,PIN-600 099. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 11194 OF 2010 R --------------------------------------------------- Dated this the 31st March, 2010 JUDGMENT K.M. Joseph, J. Petitioner challenges Ext.P7. Ext.P7 is an order by which the application filed by the respondent to condone delay in filing the Application for setting aside the ex parte decree has been allowed on payment of Rs.1,000/= as costs. 2. We heard Smt. Lekha Suresh, learned counsel appearing for the petitioner. She would point out that there is no explanation given for condoning the delay. There is a delay of 412 days. She would further point out that it was open to the petitioner to seek modification of the order, and that there was no need to apply for setting aside the ex parte decree and the Family Court should not have set aside the order in the manner done. 3. We must remind ourselves that we are considering a WPC.11194/2010 R 2 matter under Article 227 of the Constitution. It may be true that no reason as such is stated in the order also. But, none-the-less, having regard to the need for adjudicated decision in this matter also, we need not exercise our discretion to interfere with the matter. But, in the circumstances of the case, we direct that M.C.No.359 of 2007 shall be taken up and disposed of within a period of two months from the date of production of a copy of this Judgment. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge