RAFIL KUNNOOL Vs. JASEELA

JUDGEMENT

(1.) Original respondents in challenge the order dated 12.10.2018 passed by the Judicial First Class Magistrate Court, Kuthuparamba in C.M.P.No.1677/2018 filed by them seeking to set aside the ex parte order passed against them by the court on 31.03.2018.

(2.) On a former occasion also, similar order setting the petitioners' ex parte order had been passed on 31.12.2016. That order was however set aside on deposit of an amount of Rs.50,000/- in court as directed.

(3.) Subsequently on 31.03.2018 also, the respondents in the M.C. absented from the proceedings and therefore, it resulted in an ex parte order being passed. C.M.P.No.1677/2018 was filed by the petitioners seeking an opportunity to contest the matter on merits. The court below by the impugned order allowed the petition with a view to granting one more opportunity to the petitioners, however, subject to the condition that an amount of one fourth of the amount of Rs.10 lakhs being a portion of the amount towards reasonable and fair provisions, shall be deposited.