G.R. No. 2104. March 23, 1905

This is an original action in this court for the purpose of
compelling the judge of the Court of Land Registration to enter a
default under section 35 of Act No. 496 in a proceeding pending before
him for the registration of a land title.

The notice provided for by section 31 of the act required the
persons named therein to appear on July 7, 1904. On July 14,1904, the
plaintiff in this case, the petitioner in the court below, made a
motion in said court that a default be entered against such persons
named in the notice and served therewith as had not appeared. The judge
refused to enter such defaults.

Section 35 provides that a default may be entered, no reason to the
contrary appearing. Whether such reason appears or not is for the court
below to decide upon all that appears in the case. The plaintiff does
not ask that we compel the court below to pass upon his motion and
decide it one way or the other, but he asks us to compel that court to
decide it in his favor. The writ of mandamus can not be used to control
the discretion of a judge or to compel him to decide a case or a motion
pending before him in a particular way under such circumstances as
appear in this case.

From the manner in which the case is presented to us we conclude
that the parties have submitted it for final decision on the merits.

The temporary injunction heretofore granted in this court is
vacated, and final judgment will be entered in favor of the defendant
and against the plaintiff, with costs against the latter. So ordered.

Arellano, C. J., Torres, Mapa, Johnson, and Carson, JJ., concur.