LAWS(KER)-2007-4-175

SUBASH BHASKARAN NAIR Vs. SIVASANKARAN NAIR

Decided On April 12, 2007
SUBASH Appellant
V/S
SIVASANKARAN NAIR Respondents

JUDGEMENT

(1.) SUIT dismissed for default was allowed to be restored by Ext.P5 judgment in C.M.A 37/2006 by the District Judge, Thodupuzha on condition of payment of cost of Rs.10,000/-. It is disputing the correctness and propriety of the quantum of amount that was ordered to be paid by way of cost that the plaintiffs have preferred this writ petition.

(2.) I have heard the counsel for the petitioner and the 1st respondent. The cost ordered to be paid as per Ext.P5 judgment is hereby reduced by 50%. Plaintiffs will get time till 30.5.2007 to make deposit of half of the aforesaid amount before the District Legal Services Authority and the balance to be paid to the respondent or to deposit the same in the court below for payment to the respondent. In case the amount of Rs.5,000/- as specified by this court is deposited as aforesaid, that would be sufficient compliance with Ext.P5 judgment. The writ petition is disposed of with the above direction.