MARY MATHA EDUCATION SOCIETY Vs. WILSON LAZER

JUDGEMENT

(1.) THIS Original Petition is in challenge of the order dated 01.11.2012 on I.A. Nos.623 and 624 of 2010 in O.S. No.101 of 2009 of the Sub Court, Neyyattinkara. Grievance of the petitioners is that the said applications were decided by the learned Sub Judge without hearing them.

(2.) PETITIONERS filed O.S. No.101 of 2009 on 22.05.2009 for a declaration, cancellation of certain documents and other reliefs. I.A. No.760 of 2009 filed by the petitioners for temporary injunction was allowed against which respondents 2 and 3 filed F.A.O. No.298 of 2009. That appeal was dismissed on 13.11.2009 directing the trial court to dispose of the suit before 31.03.2010. Respondents 2 and 3 challenged that judgment in S.L.P. No.2201 of 2010 but the SLP was dismissed. The suit was posted for trial in the list on 01.03.2010. Since the respondents were not present, an ex parte decree was passed. That was followed by the 1st respondent filing I.A. No.624 of 2010 and respondents 2 and 3 filing I.A. No.623 of 2010 to set aside the ex parte decree.

(3.) IT is submitted by the learned counsel for the petitioners that petitioners were not heard on the said applications. It is stated that the learned Sub Judge was sitting only on Tuesdays and Thursdays and that only urgent civil matters were being heard on those days. After petitioners preferred their objection to I.A. Nos.623 and 624 of 2010 there were 22 postings for those applications, but the matter was not taken up for the reason aforesaid. On 01.11.2012 the applications were taken up (without notice to the petitioners) and allowed as if the petitioners were not represented.