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V.SASI KUMAR, S/O.VELAYUDHA PANICKER versus HABEEB, S/O.MUHAMMED KUNJU

High Court of Kerala

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V.SASI KUMAR, S/O.VELAYUDHA PANICKER v. HABEEB, S/O.MUHAMMED KUNJU - WP(C) No. 21721 of 2007(J) [2007] RD-KL 13212 (16 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21721 of 2007(J)

1. V.SASI KUMAR, S/O.VELAYUDHA PANICKER,
... Petitioner

Vs

1. HABEEB, S/O.MUHAMMED KUNJU,
... Respondent

2. NASSEEMA, D/O.MUHAMMED KUNJU,

3. SIYAD, S/O.MUHAMMED KUNJU,

4. NAVAS, S/O.MUHAMMED KUNJU,

5. ASHAR, S/O.MUHAMMED KUNJU,

6. BEENA,D/O.MUHAMMED KUNJU,

7. SUNITHA, D/O.MUHAMMED KUNJU,

8. SUMITHA, D/O.MUHAMMED KUNJU,

For Petitioner :SRI.M.R.ANANDAKUTTAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :16/07/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 21721 OF 2007 J

Dated this the 16th July, 2007.



JUDGMENT

This writ petition is filed seeking the I Additional Subordinate Judge, Thiruvananthapuram to dispose of O.S.231/99 pending before that court as expeditiously as possible. Learned counsel for the writ petitioner in all fairness submits before me that there is a petition to set aside the ex parte decree with a petition to condone the delay and the learned Subordinate Judge has disposed of the delay condonation application by allowing the same and kept pending the petition to set aside the ex parte decree. The writ petitioner is the plaintiff and the plaintiff does not have serious grievance in setting aside the ex parte decree as well. Therefore, I feel in the interest of justice the learned Subordinate Judge shall dispose of the petition for setting aside the ex parte decree as there is no serious dispute regarding the same. After disposing of this application, if it is in favour of petitioner therein, restore the suit to file and thereafter dispose of the matter as expeditiously as possible by including it in the list of August. The petitioner is directed to take a copy WPC 21721/07 2 of this order and produce it before the learned Subordinate Judge, Thiruvananthapuram for necessary compliance. Writ petition is disposed of accordingly. M.N.KRISHNAN Judge jj


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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