IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 FAO.No. 226 of 2010() --------------------- OS.115/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT/PETITIONER/DEFENDANT -------------------------------------------------- V.B.K.MENON,S/O.LATE KRISHNAN NAIR, ANUGRAHA CINE ARTS,K.P.VALLON ROAD, COCHIN-20. BY ADV. SRI.K.C.CHARLES SRI.M.POLY MATHAI SRI.P.CHELLAPPAN SRI.VIMAL K.CHARLES SRI.E.N.HARI SMT.A.T.RENJU RESPONDENT(S): PLAINTIFF ------------------------ THANKAMANI,W/O.R.VASU,PALAKULANGARA MADOM,THULAMPARAMBU,THEKKUM MURI, HARIPAD. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- F.A.O.No.226 OF 2010 ------------------------------------------- Dated this the 6th day of August, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The defendant in a suit for money is the appellant. The suit was filed in the year 2001. It was decreed ex parte on 25.1.2007. Defendant applied to set aside the ex parte decree. He also applied for condonation of the delay of 37 days in applying to set aside the decree. The court below, taking into consideration the pleadings, condoned the delay and set aside the ex parte decree. However, that was made conditional on the defendant furnishing security for the entire plaint claim. We do not find that this is too harsh a condition or one beyond jurisdiction. This is particularly so because the direction is only to furnish security, obviously meaning security to the satisfaction of the court below. That could be complied even by offering immovable property as security. There is no direction FAO.226/10 2 to deposit the plaint claim. With this situation, we find no ground to entertain this appeal. The appeal is hence dismissed, however, granting one months' time from now for satisfying the condition before the court below. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.10/08.