IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 FAO.No. 79 of 2009() -------------------- AGAINST THE ORDER DATED 29/08/2008 IN IA.409/2008 IN OS.37/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT - PETITIONER - DEFENDANT -------------------- INDIRA DEVI, W/O. RAMAKRISHNA PILLAI, PUTHUPARAMBIL VEEDU, NADU BHAGOM MURI, CHAMPAKULM VILLGE, CHAMPKULAM P.O., ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT(S): RESPONDENTS - PLAINTIFFS --------------- 1. SUSHAMA S. KUMAR, SREEJI TOWER, 304 A, GEETHA NAGAR (PHASE 3), SREEMIRA ROAD EAST, THANE DIST., MAHARASHTRA. 2. VAISAKH S. KUMAR, DO. DO. ADV. SRI.K.S.HARIHARAPUTHRAN FOR R1 & 2 SRI.GEORGE MATHEW FOR R1 & 2 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. ---------------------------------------------- F.A.O. No.79 of 2009 ---------------------------------------------- DATED:APRIL 1, 2009. JUDGMENT Raman, J. This is an appeal against an order dismissing an application for setting aside the ex parte decree passed against the appellant. The reason stated for dismissing the application is that the petitioner, the respondents and their counsel were absent and there was no representation. Hence it was thought that the matter might have been settled outside court. Now it is represented that the matter is not settled. Evidently because the appeal is filed therefrom, the matter has to be adjudicated. Hence the order passed by the court below is set aside and in order to avoid further delay, we set aside the ex parte decree and restore the case to file. The case will be decided expeditiously since it is a suit of the year 2007. The parties shall appear before the court below on 25.5.2009. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-