IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 OP(C).NO. 621 OF 2010(O) -------------------------------------- OS.417/2010 OF II ADDL.SUB COURT,ERNAKULAM .................... PETITIONERS/DEFENDANTS ------------------------------------------ 1. KRISHNAKUMARI,AGED 52 YEARS, W/O.LATE CHANDRASEKHARAN,R/AT 1V/566 A, MARATH MADOM,UDAYAMPEROOR POOTHOTTA PO, ERNAKULAM DISTRICT. 2. DHANYA,W/O.ANIL KUMAR,AGED 23 YEARS, KALAPPURAKKAL HOUSE, PERUMBALAM,ALAPPUZHA DISTRICT 3. DIVYA,W/O.RAJESH,AGED 21 YEARS, AYYAPPA NIVAS , EROOR, TRIPUNITHURA,ERNAKULAM DISTRICT. 4. DEEPA,D/O.LATE CHANDRASEKHARAN,AGED 20 YEARS,R/AT IV/566 A, MARATH MADOM, POOTHOTTA PO, ERNAKULAM DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN SRI.ANIYANKUNJU VARGHESE RESPONDENT(S): PLAINTIFF ---------------------------------------- THANKAMMA,W/O.ANANDAKRISHNAN EMBRANDHIRI,AGED 80 YEARS,MARATH MADOM, POOTHOTTA,ERNAKULAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.621 of 2010 ==================================== Dated this the 09th day of November, 2010 J U D G M E N T Defendant in O.S. No.417 of 2010 of the court of learned Additional Sub Judge-II, Ernakulam are the petitioners before me. That is a suit for partition filed by the respondent. Petitioners were set ex parte on 25.09.2010. Thereon they filed Ext.P2, application to set aside the ex parte order and Ext.P3, written statement disputing claim of respondent. Exhibit P3, written statement was returned as defective as it was not accompanied by an affidavit. Defect was cured and it was re-presented on 03.11.2010. In the meantime learned Sub Judge is proceeding with the case as if petitioners are ex parte and judgment is to be pronounced on 10.11.2010 Ext.P2, application remaining not disposed of. Request of petitioners is to direct the learned Sub Judge to dispose of Ext.P2, application to set aside the ex parte order before judgment is pronounced. 2. If Ext.P2, application is pending consideration learned Sub Judge has to dispose of the same before pronouncing O.P(C) No.621 of 2010 -: 2 :- judgment in the case. Hence I direct learned Sub Judge to dispose of Ext.P2, application after hearing counsel on both sides if it still remains not disposed of before, judgment in the case is pronounced. Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv