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AUGASTINE, S/O. LATE XAVIER versus P.X.ROSY, W/O. LATE ANTONY

High Court of Kerala

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AUGASTINE, S/O. LATE XAVIER v. P.X.ROSY, W/O. LATE ANTONY - WP(C) No. 19999 of 2005(E) [2006] RD-KL 2278 (1 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19999 of 2005(E)

1. AUGASTINE, S/O. LATE XAVIER,
... Petitioner

2. SONA, D/O. AUGASTINE,

Vs

1. P.X.ROSY, W/O. LATE ANTONY,
... Respondent

2. P.X.BELTREES, W/O. FRANCIS,

3. ANNA ALICE, W/O. AUGASTINE,

For Petitioner :SRI.P.F.THOMAS (SR.)

For Respondent :SRI.A.T.ANILKUMAR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :01/12/2006

O R D E R

M.SASIDHARAN NAMBIAR, J.

W.P.C.NO.19999 OF 2005

Dated this the 1 st day of December, 2006.



JUDGMENT

Petitioners are defendants 2 and 4 in O.S.1476/03. They were set ex- parte. Before an ex-parte decree was passed, petitioner filed I.A.47/04, an application to receive the written statement and there after I.A.4746/04, an application to set aside ex-parte order. Under Ext.P4 and Ext.P5 orders, both the applications were dismissed. Challenging the said orders, this petition is filed under Article 227 of Constitution of India.

2. Learned counsel appearing for petitioner submitted that subsequent to Ext.P4 and P5 orders, the suit was decreed. To set aside the ex-parte decree, petitioner filed Ext.P7 application and it is pending before the trial court. As the suit stands decreed, this writ petition is dismissed as infructuous. Petitioner may move the trial court for an early disposal of Ext.P7 application. If such an application is filed, court may dispose the same expeditiously. M.SASIDHARAN NAMBIAR,

JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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