Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE3D DAY OF FEBRUARY201414TH MAGHA, 1935 OP(C).No. 1583 of 2012 (O) --------------------------- O.S NO.1273/2009 OF THE SECOND ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM PETITIONERS: -------------------------- 1. PETER NEWTAN,AGED56YEARS S/O.SYMON, KAMPIKKAKOM, T811017 VALIYAVELI, ATTIPRA VILLAGE THIRUVANANTHAPURAM-695 006.
2. MARYKUTTY PETER, AGED46YEARS W/O.PETER FERNANDAS, KAMPIKKAKOM, T811017 VALIYAVELI, ATTIPRA VILLAGE THIRUVANANTHAPURAM-695 006. BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENATHOMAS RESPONDENTS: ---------------------------- 1. NEWTON, AGED ABOUT55YEARS S/O.PETER, NEENU HOUSE, VALIYAVELI KAMPIKKAKOM, THIRUVANANTHAPURAM-695 006.
2. DELPHIN, AGED45YEARS W/O.NEWTON, NEENU HOUSE, VALIYAVELI KAMPIKKAKOM, THIRUVANANTHAPURAM-695 006. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON0302-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: OP(C).No. 1583 of 2012 (O) --------------------------- APPENDIX PETITIONERS EXHIBITS EXT.P1 COPY OF THE SAID I.A NO.8713/2010 IN O.S. NO.1273/09 OF THE SECOND ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM EXT.P2 COPY OF THE I.A NO.3242/2011 IN O.S NO.1273/2010 OF THE SECOND ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM EXT.P3 COPY OF THE I.A. NO.8177/2011 IN O.S. NO.1273/2010 OF THE SECOND ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM EXT.P3(a) COPY OF THE I.A. NO.8178/2011 IN O.S. NO.1273 OF 2010 OF THE SECOND ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM EXT.P4 COPY OF the ORDER
DATED101-2012 IN I.A. NO.8177/2011 IN O.S. NO.1273/2009 EXT.P4(a) COPY OF THE ORDER
DATED101-2012 IN I.A. NO.8178/2011 IN O.S.NO.1273/2009 EXT.P5 COPY OF the CIVIL MISCELLANEOUS APPEAL FILED BY THE PETITIONERS BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM RESPONDENTS EXHIBITS NIL TRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J.
= = = = = = = = = = = O.P.(C) No. 1583 of 2012 = = = = = = = = = = = == = = = = Dated this the 3rd day of February, 2014
JUDGMENT
Every endevour should be made to have the lis disposed of on merits rather than allowing a suit to get dismissed for default. The petitioners/plaintiffs contend that the suit and the applications for restoration happened to be dismissed for default due to the wrong noting of the posting date by the clerk of their counsel. I am inclined to set aside the orders dismissing I.A Nos.8177/2011, 3242/2011 and 8713/2010 and restore O.S No.1273/2009 on the file of the Court of the Second Additional Munsiff, Thiruvananthapuram to file. This is however subject to the condition that the petitioners pay a sum of Rs.3,000/- as costs to the Kerala Legal Services Authority of this Court.
2. The suit in O.S No.1273/2009 on the file of the Court of the Second Additional Munsiff of Thiruvananthapuram shall stand restored on the petitioners depositing a sum of Rs.3,000/- as costs with the Kerala Legal Services Authority of this Court within one month. The order impugned refusing to restore the suit will remain intact in case the petitioners omit to pay the O.P.(C) No. 1583 of 2012 2 costs as directed. The suit in O.S No.1273/2009 (in the event of fit being restored) shall be heard and disposed of along with O.S No.298/2009 pending on the file of the same court. This is because O.S No.298/2009 is one for declaration and injunction in regard to the plaint schedule property involved in O.S No.1273/2009. The Original Petition is disposed of. V.CHITAMBARESH JUDGE smm