The Court dismissed the civil revision petition challenging an order setting aside an ex parte decree as maintainability was doubtful given the suit's likely conclusion. Liberty to re-apply was granted if pending status were brought to notice.
Petition dismissed; liberty given to re-apply if pending status of suit is brought to notice.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929
CRP.No. 260 of 2004()
--------------------AGAINST THE ORDER DATED 14/11/2003 IN IA.316/2003 IN OS.58/2002 of SUB COURT,KOTTARAKKARA
REVN. PETITIONER: COUNTER PETITIONER/PLAINTIFF
T.J.THOMAS THARAKAN, THEKKEPURAMBIL VEEDU, MAKKULAM, PATHANAPURAM VILLAGE, PATHANAPURAM TALUK.
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENT: PETITIONER/DEFENDENT
P.MUTHUKRISHNAN, PARTNER OF ANUPAM, MAVELIKARA RESIDING AT NELLI BHAVAN, KAUDIYOOR, MAVELIKARA VILLAGE, MAVELIKARA TALUK REP. BY P.PICHAYYA REDDIAR POWER OF ATTORNEY HOLDR OF P.MUTHUKRISHNAN RESIDING AT ALINTE KIZHAKKATHIL, AMBIKA MADOM,KANDIYOOR MURI,MAVELIKARA VILLAGE.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N.Krishnan, J.
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C.R.P.No.260 of 2004
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Dated this the 20th day of November, 2007.
ORDER
Notice not taken. Civil Revision Petition is of the year 2004. The order challenged is that of one setting aside the ex parte decree. So, in all likelihood the suit itself should have been over. Therefore, the Civil Revision Petition is dismissed and in any event if it is brought to the notice of this Court that it is still pending, the revision petitioner is given liberty to file an application for again considering the matter.
ess 21/11
M.N.Krishnan, Judge.
1 issue framed by the court
Whether the civil revision petition challenging an order setting aside an ex parte decree is maintainable when the underlying suit should be considered over and the Court is unaware of its status
T.J. Thomas Tharakan
P. Muthukrishnan
M.N. Krisnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
