KRISHNAKUMARI Vs. THANKAMMA

JUDGEMENT

(1.) DEFENDANT in O.S. No.417 of 2010 of the court of learned Additional Sub Judge-II, Ernakulam are the petitioners before me. That is a suit for partition filed by the respondent. Petitioners were set ex parte on 25.09.2010. Thereon they filed Ext.P2, application to set aside the ex parte order and Ext.P3, written statement disputing claim of respondent. Exhibit P3, written statement was returned as defective as it was not accompanied by an affidavit. Defect was cured and it was re-presented on 03.11.2010. In the meantime learned Sub Judge is proceeding with the case as if petitioners are ex parte and judgment is to be pronounced on 10.11.2010 Ext.P2, application remaining not disposed of. Request of petitioners is to direct the learned Sub Judge to dispose of Ext.P2, application to set aside the ex parte order before judgment is pronounced.

(2.) IF Ext.P2, application is pending consideration learned Sub Judge has to dispose of the same before pronouncing judgment in the case. Hence I direct learned Sub Judge to dispose of Ext.P2, application after hearing counsel on both sides if it still remains not disposed of before, judgment in the case is pronounced. Petition is disposed of with the above direction.