IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 OP(C).No. 390 of 2011(O) OS.1731/1996 OF II ADDL.MUNSIFF'S COURT, ERNAKULAM PETITIONER ------------------------------ NARAYANI, KADAPPURATH HOUSE, AMBALLUR, ERNAKULAM, PIN-682 315. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT: --------------- VASUDEVAN, KADAPPURATH HOUSE, PARIYARAM.P.O., MUKUNDAPURAM, TRISSUR-680 721. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 390 OF 2011 O ------------------------------------------------------ Dated this the 28th day of January, 2011 JUDGMENT The respondent filed O.S.No.1731 of 1996 on the file of the Court of the Munsiff of Ernakulam, against the petitioner for a declaration that the cancellation deed executed by the petitioner cancelling the gift deed executed by her in favour of the respondent/plaintiff is null and void. The suit was decreed exparte on 25.7.1997. After a lapse of eleven years and 345 days, the petitioner filed an application to set aside the exparte decree with a petition to condone the delay. Both the applications were dismissed by the court below by the common order dated 17.8.2010. The order passed by the court below is appealable under Order XLIII Rule 1(c) of the Code of Civil Procedure. On that ground, the Original Petition is dismissed as not maintainable. (K.T.SANKARAN) Judge ahz/