IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No.30727 of 2008 (G) ---------------------------------- AGAINST THE ORDER IN IA.645/2008 IN OS.55/2007 of SUB COURT, NEDUMANGAD .................... PETITIONER: --------------- SHAHABUDEEN, ROADARIKATHU VEEDU, 11TH STONE, THEKKUMKARA, NEDUMANGAD. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT: --------------- ABDUL SALIM NOUSHAD, AFRO BUILDING, NEAR VALIKKODE V.I.P., THEKKUMKARA, NEDUMANGAD. ADV. SRI.P.K.MUHAMMED SRI.M.ABDUL RASHEED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30727 of 2008 (G) APPENDIX PETITIONER'S EXTS:- Ext.P1:- True copy of the affidavit and petition, I.A.827/07 in o.s.55/07 of the sub court of Nedumangad dt.03/10/07. Ext.P2:- True copy of the affidavit and petition, I.A.828/07 of do. Ext.P3:- True copy of I.A.645/08 in O.S.55/07 dt.09/06/08. Ext.P4:- True copy of the order in I.A.645/08 in O.S.55/07 dt.13th August, 2008. ....................... K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.30727 of 2008 ------------------------------------------------ Dated this the 14th day of January, 2009 JUDGMENT The petitioner is the defendant in O.S.55/07 on the file of the Sub Court, Nedumangad. It is submitted that the claim in the suit is for recovery of Rs.1,17,000/- and odd. The suit was decreed ex parte on 28/07/07. Ext.P2 petition was filed by the petitioner seeking to set aside the ex parte decree and Ext.P1 petition was filed seeking for condonation of delay of 36 days in filing Ext.P3 petition. It is also submitted that the court below allowed those petitions and that those were allowed on payment of cost of Rs.1,000/- on or before 17/03/08 vide order dt.06/03/08. Cost was not paid accordingly and hence, both Exts.P1 and P2 petitions stood dismissed on 17/03/08 in view of the conditional order passed on 06/03/08. W. P. C. No.30727 of 2008 -2- Thereafter as late as on 09/06/08 the petitioner filed Ext.P3 application to condone the delay of not making payment of cost in time and to extent the period for payment of costs. The said application was dismissed by the court below vide Ext.P4 order dt.13/08/08. It is the said order that is assailed before me. Respondent/plaintiff also has entered appearance through lawyer. Heard counsel on both sides. 2. Exts.P1 and P2 petitions were being allowed by the court below vide order dt.06/03/08 on condition of payment of cost of Rs.1,000/- on or before 17/03/08. Not only that cost was not paid on or before 17/03/08, the petitioner filed Ext.P3 petition for reviewing the said order and for extending the period for payment of cost only as late as on 09/06/08. If at all no payment could be made on or before 17/03/08 it was only proper that W. P. C. No.30727 of 2008 -3- immediately thereafter petition is filed offering to pay cost. On the other hand, he has waited for more than two months to file Ext.P3 application for extension of the period for payment of the cost. Despite dismissal of Ext.P3 application vide Ext.P4 order on 13/08/08 and copy of the said order was taken delivery of on 28/08/08 the petitioner has filed this Writ Petition only on 17/10/08. All these conducts from the part of the petitioner shows only that filing of petitions of this nature is designed to protract the execution of the decree and to avert the evil to the extent possible. Parties who conducts themselves in such a fashion cannot be allowed to have an easy walk over taking judicial orders in such light manner. 3. In the result, I order that in case the petitioner pays or deposits for payment to the counsel for the respondent an amount of W. P. C. No.30727 of 2008 -4- Rs.2,500/- on or before 21/01/09 Ext.P4 order shall stand set aside and Ext.P3 application allowed and the ex parte decree set aside allowing Exts.P1 and P2 applications. In case of failure, the dismissal of Exts.P1 and P2 applications shall stand confirmed and the petitioner shall not be entitled to have the ex parte decree set aside. It is made clear that on no account shall the period limited for payment of cost of Rs.2,500/- be extended. 4. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-