Kerala High Court
David Laly vs James Joseph on 17 July, 2025
MJC No. 174 of 2024
1
2025:KER:53111
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
MJC NO. 174 OF 2024
AGAINST THE JUDGMENT DATED 05.08.2024 IN OP(C)
NO.3245 OF 2019 OF THE HIGH COURT OF KERALA
APPLICANT/PETITIONER:
DAVID LALY
AGED 58 YEARS, S/O DAVID, B4, SHARON,
CHOICE GARDENS, TOC H ROD, VYTILLA,
ERNAKULAM, PIN - 682 019.
BY ADV
SRI.SANTHAN V.NAIR
RESPONDENT/RESPONDENT:
JAMES JOSEPH
AGED 58 YEARS, S/O JOSEPH, KONANIKKAL,
PERIYAPURAM P. O, ONAKKUR VILLAGE, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686 661.
BY ADVS.
SHRI.M.RISHIKESH SHENOY
SMT.REMYA M. MENON
SMT.ANN MARY.V.I
THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP
FOR ADMISSION ON 17.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MJC No. 174 of 2024
2
2025:KER:53111
ORDER
(Dated this the 17th day of July, 2025) This MJC is filed by the applicant/petitioner for restoring the OP (C) No.3245/2019, which was dismissed for non-prosecution on 05.08.2024. Notice served on the respondent, but un-represented.
2. Considering the facts and circumstances of the case, being satisfied with the cause shown in the affidavit, the MJC application is allowed. The order of dismissal dated 05.08.2024 passed in OP (C) No.3245/2019 is hereby set aside.
3. Accordingly, the MJC is disposed of and the original petition is restored to the original files.
4. Heard the arguments of the learned counsel for the petitioner. Looking into the facts and circumstances, all further proceedings in EP No.1086/2015 pending on the file MJC No. 174 of 2024 3 2025:KER:53111 of Additional District Court - V, Edamalayar is hereby stayed.
List the OP (C) No.3245/2019 on 31.08.2025.
Sd/-
K. NATARAJAN JUDGE S.M.K. MJC No. 174 of 2024 4 2025:KER:53111 APPENDIX OF MJC 174/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PLAINT FILED IN OS NO.
540/2025 DATED 31.5.2025 BEFORE THE PRINCIPAL MUNSIFF COURT, ERNAKULAM