IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 OP(C).No. 307 of 2010(O) ------------------------ AGAINST THE ORDER DATED 30/07/2010 IN IA 1519/2010 IN OS.385/2006 of MUNSIFF COURT, PUNALUR .................... PETITIONER: -------------------- N.DEVARAJAN, AGEAD 55 YEARS, SON OF NARAYANA PILLAI, AT PRESENT RESIDING AT PLOT NO.78, SBH COLONY, THIRUMALCHERRY, SECUNDRABAD-15. BY ADV. SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENT(S): --------------- 1. LINU JACOB, RESIDING AT KANAVIL VEEDU, METHUMMEL, THAZHATHU VADAKKU MURI, PATTAZHY P.O., VADAKKEKKARA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN-691 522. 2. SMT.ANNAMMA THOMAS, WIFE OF M.J.THOMAS RESIDING AT IX-B2, SKYLINE APARTMENTS, VAZHUTHAKKADU, THIRUVANANTHAPURAM PIN 695 035. 3. SMT.MARY MATHEW, RESIDING AT BIJU VILLA, KODAKULANJIKKARA MURI, VENMANI P.O., PIN-689 509, CHENGANOOR TALUK. 4. SRI.Y.MATHEW, RESIDING AT BIJU VILLA, KODAKULANJIKKARA MURI, VENMANI P.O., PIN-689 509, CHENGANOOR TALUK. 5. SMT.LOVELY JOHN, RESIDING AT MANAMEL VEEDU, METHUMMEL, THAZHASTHU VADAKKU MURI, PATTAZHY P.O., VADAKKEKKARA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN-691 522. ADV. SRI.PRAVEEN K. JOY FOR R1 SRI.P.J.JOSE FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C) No.307/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF WRITTEN STATEMENT DATED 30.7.2010 SUBMITTED BY THE PETITIONER IN O.S.NO.385/2006 ON THE FILE OF THE MUNSIFF'S COURT, PUNALUR. EXT.P2: COPY OF ORDER DATED 30.7.2010 IN I.A.NO.1519 OF 2010 IN O.S.NO.385 OF 2006 ON THE FILE OF THE MUNSIFF'S COURT, PUNALUR. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. ------------------------------ O.P.(C).No.307 of 2010 ------------------------------ Dated this the 9th day of June, 2011 JUDGMENT The petitioner, who is the additional eighth defendant in O.S.No.385 of 2006, challenges Exhibit P2 order in I.A.No.1519 of 2010. The order reads as follows : "Since the written statement filed at the instance of D8 is defective, this petition is also dismissed as the same is not filed without any bonafide." 2. To a query as to what is the prayer in I.A.No.1519 of 2010, both parties could not be explain. The order is also silent as to the prayer in I.A.No.1519 of 2010. The learned counsel for the respondent produced for perusal a copy of the B diary. It is seen that on 24.7.2010, the additional eighth defendant filed an application to set aside the ex- parte order and that application was adjourned to 30.7.2010. On 30.7.2010, it is recorded that I.A.No.1519 of 2010 was dismissed and the suit was adjourned to O.P.(C) No.307/2010 2 15.10.2010 for trial in the list. As stated earlier, the order in I.A.No.1519 of 2010 is under challenge in this Original Petition. From the papers produced before me, it is not clear what application was dealt with by the court and for what purpose the application was filed. For the aforesaid reasons, the order dated 30th July, 2010 is set aside. The court below shall consider the I.A. afresh and pass a reasoned order. K.T.SANKARAN JUDGE csl