IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 FAO.No. 71 of 2009() ---------------------------- AGAINST THE ORDER DATED 15/11/2008 IN IA 2966/08 IN OS.26/2006 of ADDITIONAL SUB COURT, THALASSERY .................... APPELANT-PETITIONER-PLAINTIFF: ------------------------------------------------- N.ANILKUMAR, S/O.GOVINDAN, AGED 43 YEARS, NAMBOLAN VEEDU, P.O.AZHIKODE,KANNUR. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S):RESPONDENTS: DEFENDANTS: ---------------------------------------------------------------------- 1. EXECUTIVE ENGINEER, KANNUR HARBOR ENGINEERING DIVISION, KANNUR-17. 2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. 3. GOVT. OF KERALA, REP. BY ITS CHIEF SECRETARY, TRIVANDRUM. 4. CHIEF ENGINEER, HARBOR ENGINEERING DEPARTMENT, TRIVANDRUM. 5. SUPERINTENDENT ENGINEER, OFFICE OF THE SUPERINTENDENT ENGINEER, HARBOR ENGINEERING, NORTH ZONE, KOZHIKODE-6. R1 BY GOVERNMENT PLEADER SRI.K.B.RAMANAND. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ F.A.O.No.71 of 2009 ---------------------------------------------- Dated, this the Ist day of October, 2009 J U D G M E N T K.M.Joseph, J. This appeal is directed against the order passed by the Sub Judge, Thalassery rejecting a petition filed by the appellant under Order IX Rule 9 of the Code of Civil Procedure. 2. We heard the learned counsel for the appellant and learned Government Pleader. We also went through the impugned order. We noticed the interim order passed by this Court on 13.3.2009 as also I.A.No.3359/2009 filed by the appellant seeking two months' time to furnish security as directed by this Court. 3. Taking a lenient view in this matter, we feel that we should allow the Court to take a decision in the matter on merits. Accordingly, the appeal is allowed and the impugned order is set aside on condition that the appellant complies with the order dated 13.3.2009 within a period of one month from today and also pays Rs.2,500/- (Rupees two thousand and five hundred only) as cost to the learned FAO 71/2009 -2- Government Pleader of this Court and produce a memo to that effect within one month from today. If the appellant does not either pay Rs.2,500/- as cost or furnish security within one month as aforesaid the appeal will stand dismissed and the impugned order will stand restored. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS