IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 6421 of 2008(M) ------------------------- AGAINST THE ORDER DATED / / IN EP.312/2007 IN OS.336/2002 of ADDL.SUB COURT,PARAVUR .................... PETITIONER: JUDGEMENT DEBTOR NO.1 ------------------- BEJOY P.MATHEW, S/O.MATHAI, PARATHUVAYALIL VEETTIL, IRINGOL KARA, PERUMBAVOOR. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: DECREE HOLDER ------------------------ PERINGOTTUKARA NAMBOODIRI, YOGA KSHEMA SABHA, ANTHIKKADU, REPRESENTED BY ITS MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.6421 OF 2008 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Subordinate Judge, North Paravur in E.A.No.1245/2007 in I.A.No.1142/2007 in E.P.No.312/2007 in O.S.No.336/2002. The execution appeal was filed to set aside the order of dismissal passed and to restore the application. A perusal of the order would reveal that there is some sort of apprehension or misapprehension in the conduct of a lawyer and ultimately the court allowed the application on payment of cost Rs.2,000/-. It is true that advocates are responsible officers of the court and their support is absolutely necessary for dispensation of proper justice. It is also to be born in mind that in cases some times the lawyers may not be able to reach the court in time on account of his professional engagement in some other court. These are all matters which the lawyer as well as the court have to understand each other for a smooth and peaceful functioning of the court and administration of justice. I do not want to elaborate on the facts of this case but suffice to say that the W.P.(C) No.6421/2008 2 matter requires leniency. 2. Therefore, I modify the order of the court below and reduce the cost from Rs.2,000/- to Rs.1,000/- and I direct the court below to permit the present writ petitioner to pay the cost of Rs.1,000/- on or before 10.3.2008. 3. Needless to say that this order and the observations made therein by the learned Subordinate Judge shall not stand in the way of a proper dispensation of justice. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps