Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 FAO.No.70 OF 2019 I.A. NO.2016/17 IN OP(ELE)NO.10/2011 OF I ADDITIONAL DISTRICT COURT, KOLLAM APPELLANT/PETITIONER: SATHEESAN,AGED 49 YEARS,S/O.NANU, SRUTHI BHAVAN,IRULANKADU,VENTURE P.O., ARYANKAVU VILLAGE,PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SMT.G.VIDYA RESPONDENTS/RESPONDENTS: 1 THE CHIEF MANAGER,POWER GRID CORPORATION OF INDIA LTD., VILAGOMPURAYIDOM,DOCTORS LANE, PATHANAMTHITTA 689 645. 2 THE SPECIAL THAHASILDAR (COMPENSATION) POWER GRID CORPORATION OF INDIA LTD., LA(PGCI),PATHANAMTHITTA 689 645. R1 BY ADV.MILLU DANDAPANI R2 BY GOVERNMENT PLEADER SMT.K.B.SONY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: F.A.O.NO.70/2019
JUDGMENT
Chitambaresh, J.
Heard the counsel for the appellant as well as the standing counsel for the respondents. All that the appellant prays is for restoration of OP(Ele.) No. 10/11 for disposal on merits. The respondents point out that OP(Ele.) No. 10/11 was once dismissed for default and restored to file.
2. We are inclined to grant one more opportunity to the appellant. The impugned order is set aside and OP(Ele.) District Judge, Kollam shall make every endeavour to dispose of OP(Ele.) No. 10/11 on merits within three months.
3. We however make it clear that the appellant is not entitled to interest for the period from the dismissal for default and its restoration of OP(Ele) No. 10/11. The appeal is disposed of. V. CHITAMBARESH ASHOK MENON ncd