IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
RFA NO. 464 OF 2010
OS 571/2007 OF PRINCIPAL SUB COURT , KOLLAM
APPELLANTS(DEFENDANTS):
1. SUNDARESAN, AGED 54 YEARS, S/O.RAGHAVAN, KALEELIL VADAKKATHIL,
VADAKKUMKARA KIZHAKKE CHERRY, MAYYANAD VILLAGE.
2. PUSHPALATHA, AGED 48 YEARS, W/O.SUNDARESAN, KALEELIL VADAKKATHIL,
VADAKKUMKARA KIZHAKKE CHERRY, MAYYANAD VILLAGE.
BY ADVS.SRI.ALEX N.MATHEW (KOLLAM), SRI.JAMES JOSE, SRI.H.RAMANAN,
RESPONDENT(PLAINTIFF):
SUBAIR, AGED 57 YEARS, S/O.ABUBAKERKUNJU, SMITHA BHAVANAM,IRSHAD
MANZIL, VADAKKUMKARA KIZHAKKE CHERRY, THAZHUTHALA VILLAGE.
BY ADV SRI.K.RAKESH
This Regular first appeal having come up for orders on 07.07.2022
and upon perusing the letter dated 05/07/2022 of District Court, Kollam
(received through e mail), the court on the same day passed the
following:
P.SOMARAJAN, J.
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R.F.A.No.464 of 2010
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Dated this the 7th day of July, 2022
ORDER
It is reported by the District Judge that Part I and Part III records in connection with O.S.No.571/2007 were destructed mistakenly in the year 2007. It is further reported that there is no endorsement regarding the destruction of Part II and Part III items in the destruction register. But in the case list, except List and B dairy, plaint, judgment and decree were destructed in the year 2019. It is also reported that the appeal intimation was endorsed in red ink in the destruction register of the year 2011. In spite of endorsement regarding the appeal intimation, the said records were destructed. Hence, the Principal District Judge is hereby directed to conduct a preliminary enquiry and fix responsibility through the Principal Sub Judge within a time schedule of 7 days from today and shall report the further action and steps taken against the erring officers with its details within two weeks from today.
R.F.A.No.464 of 2010 2 The Registry shall intimate this order to the officer concerned. It shall be placed before this court on 26.07.2022. The District Judge shall also take steps to re-construct all the documents to the possible extent so as to dispose of the matter within an extended time of three months from today. Necessary direction may be issued to the trial court in that behalf by sending a copy of this order.
Sd/-
P.SOMARAJAN, JUDGE msp 07-07-2022 /True Copy/ Assistant Registrar