SAVITHRI, AGED 53 YEARS versus K.C.GEORGE, AGED 67 YEARS

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SAVITHRI, AGED 53 YEARS v. K.C.GEORGE, AGED 67 YEARS - WP(C) No. 9849 of 2004(V) [2007] RD-KL 11183 (25 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9849 of 2004(V)

1. SAVITHRI, AGED 53 YEARS,
... Petitioner

2. ABHILASH, AGED 25 YEARS,

3. DHANYA, AGED 19 YEARS,

Vs

1. K.C.GEORGE, AGED 67 YEARS,
... Respondent

For Petitioner :SRI.H.B.SHENOY

For Respondent :SRI.SHAJI THANKAPPAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :25/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 9849 OF 2004

Dated this the 25th day of June, 2007

JUDGMENT

Ext.P2 order passed by the Subordinate Judge, Cherthala dismissing an application for restoration of an injunction preferred by the petitioners is under challenge.

2. I have heard the submissions of Smt.Lakshmy Shenoy, counsel for the petitioner and Sri.Shaji Thankappan counsel for the respondent. Having regard to the submissions addressed at the Bar and having gone through Ext.P2, I am of the view that on the consideration that as far as possible causes must be allowed to be adjudicated on merits, the learned Subordinate Judge might to have allowed the application by putting the petitioner to terms. Accordingly, setting aside Ext.P2, I allow the IA on condition that the petitioner pays a total amount of Rs.1,500/- by way of costs out of which Rs.750/- will be payable to the respondent either directly or through his counsel in this court and Rs.750/- will be paid by cash to the High Court Legal Services Committee. Payments shall be made by the petitioner within one month from today. If payments are made the order setting aside Ext.P2 will become operative and the IA will stand allowed.  WPC No.9849 of 2004 2 If payments are not made as above, Ext.P2 will stand confirmed and the Writ Petition will stand dismissed.

PIUS C. KURIAKOSE, JUDGE

btt  WPC No.9849 of 2004 3 

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