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2009 Supreme(Online)(KER) 25816

HIGH COURT OF KERALA
P.Q.BARKATH ALI, J
SANTHAKUMARI – Appellant
Versus
K.N.SATHIAYAMMA – Respondent


Advocates:
SRI.P.C.HARIDAS

JUDGMENT

This writ petition is filed by the first defendant in O.S.No.152/2005 of Munsiff Court, Erattupetta seeking to set aside Exts.P5, P7 and P8 orders.

2. The respondent filed O.S.No.152/2005 before the Munsiff Court, Erattupetta seeking a permanent prohibitory injunction against the petitioner. The petitioner was set ex parte in the suit on 25/03/2006. The petitioner filed I.A.No.617/2007 to condone the delay and I.A.No.618/2007 to set aside the ex parte decree on 09/08/2007. Those petitions were allowed by the Munsiff by Ext.P5 order dated September 29, 2007 directing the petitioner to pay cost of Rs. 4,000/-. As the petitioner was unable to pay the costs, the Munisff dismissed the above I.As by Ext.P8 order dated 25-10-2007. The petitioner filed I.A.No.806/2007 to review the said order which was also dismissed by the Munsiff by Ext.P7 order dated 25-10-2007. Now the petitioner has W.P.(C)No.29200/08 Page numbers challenged the above orders in this writ petition.

3. The counsel for the petitioner submitted that the writ petitioner has filed O.P.No.7/2007 before the Sub Court, Pala for declaration of title and recovery of possession of same properties on the strength of her titl

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