Sreenivasan vs Baskaran
2021 Latest Caselaw 4075 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                   OP (FC).No.14 OF 2016(R)

 AGAINST THE ORDER/JUDGMENT IN OS 120/2006 DATED 13-03-
              2009 OF FAMILY COURT,KOLLAM


PETITIONER:

              SREENIVASAN, AGED 35 YEARS, S/O. SAHADEVAN,
              LAKSHMI VILASOM BUNGALOW, ASRAMAM KOLLAM

              BY ADV. SRI.B.S.SIVAJI

RESPONDENTS:

      1        BASKARAN, S/O. KUNJURAMAN, D4-FIFTH FLOOR,
               SIVAJI SAFAYAR, JAWAHAR NAGAR, KAVADIAR,
               THIRUVANANTHAPURAM 695 001

      2        SUMATHIKUTTY, D/O. KUNJURAMAN,LAKSHMI
               VILASOM BUNGALOW, ASRAMAM, KOLLAM 695 002

      3        MOHAN VAIDYAR, S/O. KUNJURAMAN, SUDHA
               MANDIRAM, PULLUPARA P.O, KADAKKAL, KOLLAM
               691 536

      4        AYYAPPANKUTTY, D/O. KUNJURAMAN, ASWATHY
               BHAVANAM, VIKAS BHAVAN,KUNDANNOOR, MARAD
               P.O, ERNAKULAM 682 304
 OP (FC).No.14 OF 2016(R)

                             ..2..


        5       BHARATHIKKUTTY, D/O. KUNJURAMAN, OAM SREE,
                ARYA SCHOOL LANE,PATTAM, THIRUVANANTHAPURAM
                695 001
                (DELETED) ( RESPONDENT NO.5 IS DELETED FROM
                PARTY ARRAY VIDE ORDER DATED 8.3.2017 IN
                IA.NO,392/2017 IN OP(FC)14/2016.)

        6       ARUNDAHTHI, D/O. KUNJURAMAN, OAM SREE,ARYA
                SCHOOL LANE, PATTAM, THIRUVANANTHAPURAM 695
                001

        7       GOPALAKRISHNAN, S/O. KUNJURAMAN, SHANOOR
                NIVAS,NEAR LATHENSE AUDITORIM, VADAKKEVILA,
                PALLIMUKKU, KOLLAM 691 010(DIED)

        8       SUBRAMANYAN, S/O. KUNJURAMAN, OAM SREE,
                PATTAM, THIRUVANANTHAPURAM 695 001

        9       KRISHNAKUMARI, W/O. LATE RAJAN, KRISHNARANGA
                NILAYAM, CHENTHIDA, THAMPANOOR,
                THIRUVANANTHAPURAM 695 001

        ADDL. KANNAN, AGED 48 YEARS, S/O. LATE
        10    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHENSA
              AUDITORIUM, VADAKKEVILA, PALLIMUKKU, KOLLAM-
              691 010.

        ADDL. DEEPAK, AGED 45 YEARS, S/O. LATE
        11    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHENSA
              AUDITORIUM, VADAKKEVILA, PALLIMUKKU, KOLLAM-
              691 010.
 OP (FC).No.14 OF 2016(R)

                             ..3..


        ADDL. ADDL.R12-NALINI, AGED 43 YEARS, D/O. LATE
        12    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHENSA
              AUDITORIUM, VADAKKEVILA, PALLIMUKKU, KOLLAM-
              691010.

                (ADDL.R10 TO R12 ARE IMPLEADED AS PER ORDER
                DATED 8.3.2017 IN IA.NO.922/ OF 2017 IN
                OP(FC) 14 OF 2016) (DELETED)( RESPONDENT
                NO.12 IS DELETED FROM PARTY ARRAY VIDE ORDER
                DATED 8.3.2017 IN IA.NO,392/2017 IN
                OP(FC)14/2016.)

        ADDL. LALITHA BHAI, 74 YEARS, W/O LATE
        13    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHENSA
              AUDITORIUM VADAKKE VILA, PALLIMUKKU, KOLLAM
              691 010

        ADDL. SHOBHA, AGED 47 YEARS, D/O LATE
        14    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHENSA
              AUDITORIUM, VADAKKE VILA, PALLIMUKKU, KOLLAM
              691 010.

        ADDL. LATHA PANICKER, AGED 43 YEARS, D/O LATE
        15    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHENSA
              AUDITORIUM, VADAKKE VILA, PALLIMUKKU, KOLLAM
              691 010.

        ADDL. MADHUBALA, AGED 41 YEARS, D/O LATE
        16    GOPALAKRISHNAN, SHANOOR NIVAS, NEAR LATHNSA
              AUDITORIUM, VADAKKE VIL, PALLIMUKKU, KOLLAM
              691 010

                ARE IMPLEADED AS ADDITIONAL RESPONDENT NOS.
                13,14,15 AND 16 VIDE ORDER DATED 8/3/2017 IN
                I.A. NO. 394/17 IN OP(FC) 14/2016

        ADDL. SHYAMALA, AGED 68 YEARS, W/O LATE
        17    SUBRAMANYAN, OAM SREE, PATTOM,
              THIRUVANANTHAPURAM 695 001.
 OP (FC).No.14 OF 2016(R)

                             ..4..


        ADDL. SOORY SUBRAMANYAN, S/O LATE SUBRAMANYAN,
        18    OAM SREE, PATTOM, THIRUVANANTHAPURAM 695 001

        ADDL. SATORY SUBRAMANYAN, AGED 45 YEARS, S/O LATE
        19    SUBRAMANYAN, OAM SREE, PATTOM,
              THIRUVANANTHAPURAM 695 001

        ADDL. SOORYA SUBRAMANYAN, D/O LATE SUBRAMANYAN,
        20    AGED 43 YEARS, OAM SREE, PATTOM,
              THIRUVANANTHAPURAM 695 001

        ADDL. YOGALAKSHMI, D/O LATE SUBRAMANYAN, AGED 40
        21    YEARS, OAM SREE, PATTOM, THIRUVANANTHAPURAM
              695 001

                ARE IMPLEADED AS ADDITIONAL RESPONDENT NOS.
                17 - 21 VIDE ORDER DATED 10/12/18 IN I.A.
                NO. 1 OF 2018 IN OP (FC) 14/2016.

              R1 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM
              (SR.)
              R1 BY ADV. SRI.M.AJITH KARICODE
              R1 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM SR.
              R1 BY ADV. SRI.R.MOHANA BABU
              R1, R3 BY ADV. SRI.M.RAJESH
              R1 BY ADV. SRI.TONY GEORGE KANNANTHANAM

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
04-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.14 OF 2016(R)

                              ..5..




                           JUDGMENT

Dated this the 4th day of February 2021

A.Muhamed Mustaque, J

This original petition was filed challenging the

dismissal of the application to restore the suit, which was

dismissed for default. The suit was dismissed on 13.03.2009.

Thereafter, an application was filed to restore the suit along

with an application for condonation of delay of 38 days, vide

Ext.P4. These applications were considered together and by

the impugned order, the applications have been dismissed.

Challenging this, the petitioner has approached this Court.

2. Heard the learned counsel for the petitioner and

the respondents.

3. The learned counsel for the petitioner submits

that the dismissal of the application for restoration is due to OP (FC).No.14 OF 2016(R)

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the laches on the part of the clerk attached to the advocate

in not taking steps. However, he stated that he met with an

accident and laid up during that period. According to him,

he was hospitalised for more than one and a half months.

The Family Court was not satisfied with the grounds urged.

Accordingly, dismissed the applications.

4. It may be true that there were laches on the part

of the petitioner. However, it is to be noted that the

substantial relief sought by the petitioner before the Family

Court is in regard to legitimacy of paternity. According to

him, he was born in the marital status of late Sahadevan and

late Vasanthakumari.

In such circumstances, we are of the view that an

opportunity should be given to the petitioner. However, the

Court cannot ignore the laches on his part. In that view of

the matter, we are of the opinion that the original petition OP (FC).No.14 OF 2016(R)

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can be allowed on payment of cost. Accordingly, we fix a

cost of Rs. 10,000/-. The amount shall be paid to the

respondents through the learned counsel appearing before

this Court, within a period of three weeks and the receipt

shall be produced before the Family Court. The parties are

directed to appear before the Family Court on 5.03.2021.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.14 OF 2016(R)

..8..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.S 120/2006 ON THE FILE OF FAMILY COURT, KOLLAM

EXHIBIT P2 TRUE COPY OF ORDR IN O.S 120/2006 DATED 13/3/2009 PASSED BY FAMILY COURT, KOLLAM

EXHIBIT P3 TRUE COPY OF I.A 977/2009 IN O.S 120/2009 FOR RESTORING THE SUIT

EXHIBIT P4 TRUE COPY OF THE COMMON ORDR DATED 10/6/2014 PASSED BY FAMILY COURT, KOLLAM IN I.A 3007/2009 AND I.A 3008/2009 IN O.S NO 120/2006