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SOUMYA, D/O.AYYAPPAN versus SURESH, VIKAS, T.C.45/2510

High Court of Kerala

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SOUMYA, D/O.AYYAPPAN v. SURESH, VIKAS, T.C.45/2510 - WP(C) No. 9408 of 2005(T) [2007] RD-KL 12631 (10 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9408 of 2005(T)

1. SOUMYA, D/O.AYYAPPAN,
... Petitioner

Vs

1. SURESH, VIKAS, T.C.45/2510,
... Respondent

For Petitioner :SRI.V.SURESH

For Respondent :SRI.D.SAJEEV

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :10/07/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.9408 of 2005
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Dated: 10th July, 2007



JUDGMENT

The grievance of the petitioner is that the learned Munsiff has refused to admit the written statement filed by the petitioner on the reason that the same was not filed within 90 days. The issue is covered in favour of the petitioner by the judgment of the Supreme Court in Kailash v. Nanhku (2005(2) KLT 623). Following the above judgment of the Supreme Court, I set aside Ext.P4 and direct the learned Munsiff to receive the written statement already filed by the petitioner, formulate issues on the basis of the contentions raised therein and dispose of the suit in accordance with law. Being a suit of the year 2004, the learned Munsiff will make every endeavour to dispose of the suit at the earliest and at any rate within three months of receiving copy of the judgment. The Writ Petition is allowed as above. No costs.

srd PIUS C.KURIAKOSE, JUDGE


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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