IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 OP(C).No. 2481 of 2011(O) ------------------------- OS.18/2006 of SUB COURT, NEDUMANGAD .................... PETITIONER: --------------------- DR.RAJESH THAMPI, VAISHAKH, T.C.NO.40/1021(1),SARAS 125, SREEEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM REPRESENTED BY POWER OF ATTORNEY HOLDER SMT.VIJAYAN THAMPI. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): --------------------------- 1. NIGHTINGALE SCHOOL OF NURSING, GOVERNMENT COLLEGE ROAD, NEDUMANGAD P.O., THIRUVANANTHAPURAM - 695 541, REPRESENTED BY ITS MANANGING DIRECTOR. 2. SPECIALITY HOSPITAL GROUP (P)LTD, REPRERSENTED BY ITS MANAGING DIRECTOR T.V.GOPALAKRISHNAN NAIR, "HARSHA"ULLOOR GARDENS, ULLOOR, THIRUVANNATHPAURAM-680 306. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2481/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.18/2006 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, NEDUMANGAD. P2: COPY OF THE WRITTEN STATEMENT OF 1ST DEFENDANT IN O.S.NO.18/2006 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, NEDUMANGAD. P3: COPY OF THE JUDGMENT DTD. 05/04/2008 IN O.S.NO.18/2006 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, NEDUMANGAD. P4: COPY OF THE COMMON ORDER DTD. 23/09/2010 IN I.A.NOS.765/2008 AND I.A.NO.766/2008 IN O.S.NO.18/2006. P5: COPY OF DOCUMENT NO.4348/2005 OF THE NEDUMANGAD SUB REGISTRY OFFICE, PRODUCED BY THE 1ST DEFENDANT. P6: COPY OF TAX RECEIPT NO.0379312 ISSUED BY THE VILLAGE OFFICER, NEDUMANGAD. P7: COPY OF AFFIDAVIT FILED BY THE 1ST DEFENDANT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2481 of 2011 ==================================== Dated this the 01st day of August, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.18 of 2006 of the court of learned Sub Judge, Nedumangad. That is a suit for money. Suit was decreed in favour of petitioner. First respondent filed I.A. Nos.765 and 766 of 2008 to set aside the judgment and decree and to condone the delay in filing that application. Those applications were disposed of as per Ext.P4, order dated 23.09.2010. Learned Sub Judge set aside the judgment and decree conditionally on respondent furnishing sufficient security for payment of the decree debt amount and reporting the same within 15 days. Grievance of petitioner is that though first respondent produced a title deed regarding five cents, tax receipt and affidavit, neither a valuation statement nor encumbrance certificate was produced to show its value and whether property is otherwise encumbered. Learned Sub Judge did not pass any order accepting the security. Learned counsel submitted in the course of argument that on 15.10.2010 an order is passed that the decree dated 05.04.2008 is set aside. 2. Exhibit P6, to me it appears, is a security bond whereby first respondent has given security as directed by the learned Sub Judge in Ext.P4, order dated 23.09.2010. Assuming that there is no separate order O.P(C) No.2481 of 2011 -: 2 :- accepting security, I must bear in mind that Ext.P4 is a conditional order and on the basis of that order the first respondent produced security. Learned Sub Judge passed order on 15.10.2010 setting aside the decree which means that security furnished by the first respondent was accepted as sufficient. In the circumstances I do not find reason to interfere. Now the suit is posted for trial on 03.08.2011. Any interference in the matter will only cause further delay in disposal of the case. Petitioner can proceed with the trial of the suit as it is listed for trial on 03.08.2011. Original Petition fails and is dismissed. THOMAS P. JOSEPH, JUDGE. vsv