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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
Leelamma Augustine W/O Augustine – Appellant
Versus
Lisie Medical Institutions A Registered Charitable Trust – Respondent
JUDGMENT :
Devan Ramachandran, J.
1. For any judicial system to remain robust - as much as to be efficient and just - resolution of every lis is to be prioritized; and, concomitantly, intentional efforts to obstruct and delay this process, require to be met with strong disapproval and significant penalties. Such tactics, needless to say, undermine the administration of justice and cause, most often than not, irreparable harm to the opposite side.
2. The facts we notice in this case expose how some litigants misuse the fairness in processes and perceived magnanimity of the system, to control litigation to their favour and delay resolution by insalubrious innovation. This requires to be strongly put down, as we propose in this case.
3. We will, first, state the essential facts compendiously.
4. The appellant suffered an ex parte decree in O.S.No.63/2017, on the files of the Sub Court, Ernakulam. This decree was issued on 29.11.2019; and execution was subsequently levied by the respondent, by filing E.P.No.17/2020.
5. The appellants, thereupon, filed I.A.No.4/2024 - invoking the provisions of Order IX Rule 13 of the Code of Civil Procedure (CPC), praying that the ex parte decree be set asid
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