IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 FAO.No.116 of 2010 ----------------------- I.A.2634/08 IN OS.115/2004 of SUB COURT,ALAPPUZHA .................... APPELLANT/PETITIONER/DEFENDANT ----------------------------------------- JOGGY JOSEPH, S/O JOSEPH, CHERUKARA GAS AGENCY, SOUTH ARYAD, AVALUKUNNU P.O., ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT(S)/RESPONDENT/PLAINTIFF: ------------------------------------------------ MANGALANANDAN A., S/O ARUMUGHAN, DEEPAK BHAVAN, AVALUKUNNU P.O. ALAPPUZHA. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ F. A. O. No.116 of 2010 ------------------------------------------------ Dated this the 7th day of April, 2010 JUDGMENT Pius C. Kuriakose, J Under challenge in this appeal filed by the defendant is an order passed by the Sub Court, Alappuzha allowing application filed by the appellant for setting aside the ex parte decree. The grievance of the appellant is that the court below allowed the application only by imposing heavy costs. On going through the impugned order what we notice is that the cost directed to be paid is only Rs.6,000/-. We are unable to agree with Sri.R.Azad Babu that it is a heavy cost that is ordered by the court below. We do not find any F. A. O. No.116 of 2010 -2- warrant for interference. Appeal is dismissed. However, considering the request of Sri.Azad Babu, the appellant is given time till 20/05/10 for complying with the condition imposed in the impugned order. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-