IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 FAO.No. 195 of 2006() --------------------- AGAINST THE ORDER IN IA.5927/05 IN OS.37/2005 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/PETITIONER/DEFENDANT ------------------------------------------------------ E.P.K.BALAKRISHNAN, S/O.KUNJIKUTTAN, ERANEZHATH HOUSE, CHEMBUKAVU, THRISSUR DIST. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): RESPONDENT/PLAINTIFF ------------------------------------------------------------ SMITHA JAYARAJ, W/O.DR.JAYARAJ, KUTTIPURAM RAOD, PONNANI, MALAPPURAM DIST. ADV. SRI.T.K.MARTHANDAN UNNITHAN SRI.V.JAYAKUMAR SRI.T.D.PARAMESWARAN UNNI THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 195 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2009. JUDGMENT Bhavadasan, J, Aggrieved by a portion of the order, whereby the ex-parte decree against the defendant was set aside on condition to deposit an amount of Rs.1,00,000/- within one month, petitioner before the court below has come up in appeal. 2. The suit was one for money. An ex-parte decree was passed on the default committed on the part of the appellant. The suit was decreed on 31.10.2005. 3. The only contention taken before this court is that the amount directed to be deposited by the petitioner is exorbitant and some leniency may be shown. 4. There appears no justification for the court below to direct deposit of such high amount for setting aside the ex-parte decree. The court below also found that the petitioner had shown sufficient cause for setting aside the ex-parte decree. It is to be noticed that at the time of admission of this appeal in the interim application there is an order directing the petitioner to deposit Rs.25,000/- within FAO. 195/2006. 2 two weeks from the date of the order and that has been done. Accordingly it is felt that that would be sufficient for setting aside the ex-parte decree. In the result, while setting aside that portion of the order directing to deposit Rs.1,00,000/-, it is ordered that the deposit of Rs.25,000/- as ordered by this court is sufficient. The said amount shall be adjusted towards the decree debt in case the decree is passed against the appellant. There will be no order as to costs. P.R. Raman, Judge P. Bhavadasan, Judge sb.