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2019 Supreme(Online)(KER) 47154

HIGH COURT OF KERALA
BRIJESH – Appellant
Versus
ARUMUGHAN – Respondent


Petitioner herein, who is the 4th defendant in O.S.No.77/2016 who

suffered an ex parte judgment and decree, has approached this court

earlier for expeditious disposal of RPIA No.244/2019 and IA No.

243/2019 pending before the Additional Sub Court, Palakkad. This

court by order in OP No.223/2019 directed the court below to consider

those applications as expeditiously as possible,at any rate, within one

month from the date of receipt of a copy of that judgment. Status quo

was also ordered to be maintained in the meanwhile.

2. It emerges that, petitioner herein thereafter filed Ext.P6

additional affidavit to make averments regarding certain facts which did

not form part of the earlier applications filed by him. Exts.P7 and P8

applications were filed for receiving the additional affidavit in RPIA No.

244/2019 and IA No. 243/2019. Petitioner has again approached this

court for a direction to the court below to consider Exts.P6, P7 and P8

along with the consideration of RPIA No. 244/2019 and IA No.243/2019.

3. It is true that, when the petitioner approached this court earlier

and obtained order in OPC No.223/2019, the necessity of filing the

additional affidavit

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