IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 36876 of 2007(M) -------------------------- AGAINST THE ORDER DATED 19/10/2007 IN EA.203/2007,EA.23/2005,EP.310/2002 IN OS.683/1996 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: ------------ JUDA THADEVUS @ JUDE, S/O.T.R.THOMAS, BUSINESS, AGED 45, RESIDING AT THACHUTHARA HOUSE, VADUTHALA, KOCHI-23. BY ADV. SRI.P.F.THOMAS (SR.) SRISHIJU VARGHEESE SRI.C.S.YESUDAS RESPONDENT: ------------- MUKUNDAN MENON, S/O.BHASKARA MENON, AGED ABOUT 58, KANNISSERY HOUSE, VADUTHALA, KOCHI-23, CHERANELLOOR VILLAGE NOW STATED TO BE RESIDING AT CHITHANYA APARTMENT, FLAT NO.40, HAREKRISHNA ROAD, OPPOSITE IIT MARKER, POWAI, MUMBAI - 76. BY ADV. SRI.A.BALAGOPALAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 36876/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE PETITION TO SET ASIDE THE EXPARTE ORDER EA 23/05 IN EP 310/02 IN OS 683/96 OF THE SUB COURT, ERNAKULAM DT. 5.1.05. EXT.P2. COPY OF THE COUNTER AFFIDAVIT IN EA 23/05 IN EP 310/02 IN OS 683/96 OF THE SUB COURT, ERNAKULAM, DT. 26.10.06 EXT.P3. COPY OF THE AMENDMENT APPLICATION NO. EA 203/07 IN EA 23/05 IN EP 310/02 IN OS 683/96 OF THE SUB COURT, ERNAKULAM DT. 17.2.07 EXT.P4. COPY OF THE COUNTER AFFIDAVIT IN EA 203/07 IN EA 23/05 IN EP 310/02 IN OS 683/96 DT. 14.3.07 EXT.P5. COPY OF THE ADJOURNMENT APPLICATION EA 1013/07 IN EA 23/05 IN EP 310/02 IN OS 683/96 OF THE SUB COURT, ERNAKULAM DT. 17.2.07 RESPONDENT'S EXHIBITS: EXT.P1. COPY OF THE JUDGMENT IN OS 683/96 OF THE SUB COURT, ERNAKULAM DT. 12.11.01 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 36876 OF 2007 --------------------- Dated this the 18th day of February, 2008 JUDGMENT This writ petition is preferred to set aside the proceedings dated 19.10.07 whereby the Subordinate Judge, Ernakulam, in EA 203/07 passed an order ‘Heard carry out the amendment.’ An application for setting aside the ex parte order was filed under Order XXI Rule 106 as EA 203/07 to amend EA 23/05 with a further prayer “and also the sale in the above case dated 31.3.03.” 2. The court below practically appears to have not applied its mind at all to the seriousness of the matter and disposed of the matter by a one sentence order. There are so many intricate questions of law that arises for determination in these types of applications and the court is bound to consider those provisions, after hearing the arguments of the learned counsel appearing for the parties and a considered order has to be written and thereafter the court shall dispose of the matter. But, unfortunately it has not been done in this case. Therefore, I set aside the order passed by the learned Subordinate Judge in EA 203/07 in EP 310/02 in OS 683/96 and direct the said court to dispose of the matter in accordance with law after hearing both sides. The writ petition is disposed of accordingly. Parties are directed to appear before the court below on 17.3.08. M.N.KRISHNAN, JUDGE vps