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S.AMBI, S/O. SUKUMARAN versus GEORGE LUKE, S/O. K.T.LUKOSE

High Court of Kerala

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S.AMBI, S/O. SUKUMARAN v. GEORGE LUKE, S/O. K.T.LUKOSE - WP(C) No. 36305 of 2004(V) [2007] RD-KL 13703 (20 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 36305 of 2004(V)

1. S.AMBI, S/O. SUKUMARAN,
... Petitioner

Vs

1. GEORGE LUKE, S/O. K.T.LUKOSE,
... Respondent

For Petitioner :SRI.GRASHIOUS KURIAKOSE

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :20/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO. 36305 of 2004

Dated this the 20th day of July , 2007



JUDGMENT

The respondent has not entered appearance to resist the prayers in this writ petition though he has been served with notice by publication. I.A.Nos.2143/2001 & 2144/2001, which were respectively applications for restoration of the suit which has been dismissed for default and for condonation of delay caused in the matter of filing the said application have been dismissed by the learned Munsiff under Ext.P3, the impugned order.

2. Having regard to the grounds raised in the writ petition and the submissions of Sri. George Sebastian, the learned counsel for the petitioner and noticing the circumstance that there is no resistance to the prayers in the writ petition, I set aside Ext.P3 and allow I.A.Nos.2143/01 & 2144/01. The trial court will post the I.A.No.1834/1999 for further consideration and dispose of that I.A. in accordance with law. It is needless to WPC No.36305/2004 2 mention that since the dismissal of the said suit was under Order 9 Rule 2 of C.P.C., the court below can dispose of I.A.1834/1999 without issuing notice to the respondent(defendant in the suit). PIUS C. KURIAKOSE,

JUDGE.

Dpk


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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