IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2875 of 2008(P) ------------------------------------- CMA.92/2005 OF II ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER: ------------------- RAMAPRIYA HOTELS PVT.LTD., REPRESENTED BY ITS DIRECTOR AND POWER OF ATTORNEY HOLDER VISWANATHA VIJAYAN, RESIDING AT PATTOM PALACE, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN, SMT.M.HEMALATHA, SRI.R.S.MADHU, SRI.MAHESH ANANDAKUTTAN. RESPONDENT: ---------------------- TRIVANDRUM SPECIALIST HOSPITAL (P) LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, DR.BHARATHCHANDRAN. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, ALONG WITH W.P.(C). NOS. 2876/2008 & 2944/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NOs. 2875, 2876 & 2944 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. J U D G M E N T These writ petitions are filed against the common order passed in I.A.2651/07 in CMA 92/05, I.A.2653/07 in CMA 90/05 and I.A.2652/07 in CMA 91/05. The brief facts would reveal that the three suits O.S. Nos.1117/97, 2387/98 and 534/97 were dismissed for default and I.As. were filed against the same for restoration. It was dismissed by a common order by the lower Court against that decision CMAs. referred to above were filed. By a common order dated 30.3.07 the Courts allowed the appeals on condition of payment of Rs.1,500/- to respondent in each appeal within a period of 10 days. It was further stated that if the amount is not received by the counsel for the respondent, the amount shall be deposited within the stipulated time before this Court. Further there is a direction that if the conditions are not fulfilled, appeal shall be construed as dismissed and as W.P.C 2875, 2876 & 2944 OF 2008 -:2:- time stipulated for payment of costs is an essential condition of this order. If the amount was not deposited within the stipulated time then applications are to be filed for extension of time under Section 148 of CPC. The grievance of the petitioner is that from the 'A' diary it was not possible to find out whether there was any imposition of costs and therefore prayed for extension of time for deposit under Section 148 CPC. The very same question has been considered by this Court in the decision reported in 1977 KLT SN 5 page 3, i.e., Christeena v. Kolappan where this Court held that, “Admittedly, the plaintiff did not pay or deposit the amount. The effect of the order is that on the omission of the plaintiff to deposit the amount within the period stipulated, the Court ceased to have seisin of the case. In other words, by the failure on the part of the plaintiff to deposit the costs within the stipulated period, the order worked itself out and the appeal stood dismissed. Thereafter, the Court which disposed of the appeal had nothing to do with the subject matter of the appeal. It was therefore, irregular on the part of the Additional District Judge to have allowed the payment of W.P.C 2875, 2876 & 2944 OF 2008 -:3:- the costs. The only way in which time could have been extended was by filing either an appeal against the order imposing condition or by praying for a review of the order seeking also further time for deposit.” In the said decision the learned Judge has followed the previous decisions of this Court reported in 1969 KLT 800 and 1971 KLT 309. The above said decision squarely applies to the facts of this case and precisely that is what is done by the learned Additional District Judge in dismissing those applications. Therefore I find that there is nothing to interfere in these writ petitions and hence they are dismissed. But I make it clear that if other remedies available are pursued by the party the delay caused in filing may be considered sympathetically for the reason that rightly or wrongly under some mistaken impression steps have been taken to further proceed with the matter. M.N. KRISHNAN, JUDGE. ul/-