IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 OP(C).No. 1111 of 2010(O) I.A.NOS.1981 AND 1082 OF 2010 IN O.S.NO.916 OF 2009 OF SUB COURT III, KOZHIKODE. PETITIONER: KARIYAL UNNIKRISHNAN, S/O.KUNHIPERAVAN, KOOTHAMPARAMBA,KACHERI AMSOM, DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SMT.T.RESMI DAMODARAN SRI.P.P.RAJEEV LAXMAN RESPONDENTS: 1. KARIYAL RAJAKUMARAN, S/O.VELUKUTTY, 27/595, P.O.KUTHIRAVATTOM, KOTTOOLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. PIN - 673 016. 2. JIJO K.R., S/O.RAJAKUMARAM, 27/595, P.O.KUTHIRAVATTOM, KOTTOOLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. PIN - 673 016. 3. ANJANA K.R., D/O.RAJAKUMARAM, 27/595, P.O.KUTHIRAVATTOM, KOTTOOLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. PIN - 673 016. 4. KARIYAL RUGMANGADAN, S/O.VELUKUTTY, 17/1048, P.O.PUTHIYARA, KASABA AMSOM, KARIYAKUNNU DESOM, KOZHIKODE, PIN - 673 004. 5. KARIYAL NAILESH, 27/597, S/O.NAISHADHAN, P.O.KUTHIRAVATTOM, KOTTOOLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE TALUK, PIN - 673 016. 6. VASANTHAMALLIKA M.K., W/O.NAISHADHAN, 27/597, P.O.KUTHIRAVATTOM, KOTTOOLI AMSOM, PARAYANCHERI DESOM, KOZHIKODE TALUK, PIN - 673 016. 7. POOLOTTUMMAL PERAVAN @ PRAVEEN, S/O.APPU, POOLOTTUMMAL, MADAVOOR AMSOM AND DESOM, KOZHIKODE TALUK, PIN - 673 583, REP. BY ITS MUKTHIYAR AGENT BEENA SADANANDAN, D/O.VELARMBATH SADANANDAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1111 OF 2010 O ------------------------------------------------------ Dated this the 21st day of January, 2011 JUDGMENT The petitioner, who is the plaintiff in O.S.No.916 of 2009 on the file of the Court of the Subordinate Judge of Kozhikode, challenges the order dated 27.10.2010 in I.A.Nos.1081 and 1082 of 2010, by which, the court below set aside the exparte order passed against the eighth defendant and also permitted his power of attorney holder to prosecute the application on behalf of the eighth defendant. 2. The eighth defendant was set exparte on 5.2.2010. It is stated that an exparte decree was also passed on that date. The eighth defendant, through his power of attorney holder, filed the application for setting aside the exparte order. It was stated that the eighth defendant was not served with summons and the service was by affixture. It was stated that the eighth defendant was not aware of the order setting him exparte and he was not aware of the pendency of the suit. He came to know of the exparte order only on 6.3.2010. Accordingly, the application was filed. O.P.(C) NO.1111 OF 2010 O :: 2 :: 3. The court below, on perusing the records, was satisfied that no personal service was effected on the eighth defendant and it was by affixture that service was completed. The court below thought it fit to exercise the discretion in favour of the eighth defendant to set aside the exparte order. 4. No grounds are made out for interference. The order passed by the court below does not suffer from any illegality or impropriety. The Original Petition is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/