Kerala High Court
Thankappan @Joseph vs George John on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
CRP.No.337 OF 2020
AGAINST THE ORDER DATED 15.07.2019 IN I.A.NO.145/2019 IN
O.S.NO.51/2017 OF SUB COURT, DEVIKULAM
AGAINST THE JUDGMENT DATED 07.07.2020 IN C.M.A NO.55/2019 OF
DISTRICT COURT, THODUPUZHA
PETITIONERS/APPELLANTS:
1 THANKAPPAN @JOSEPH
AGED 53 YEARS
KALLUVATHUKKAL @ MADATHINAKATHU HOUSE, ADUKIDANTHAN
KARA, CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK,
PIN - 685554.
2 MOLLY
AGED 47 YEARS
W/O. THANKAPPAN @ JOSEPH, KALLUVATHUKKAL @
MADATHINAKATHU HOUSE, ADUKIDANTHAN KARA,
CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK,
PIN - 685554.
3 SONY
AGED 25 YEARS
S/O.THANKAPPAN @ JOSEPH, KALLUVATHUKKAL @
MADATHINAKATHU HOUSE, ADUKIDANTHAN KARA,
CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK,
PIN - 685554.
BY ADV. SRI.K.B.PRADEEP
RESPONDENTS/RESPONDENTS:
1 GEORGE JOHN
AGED 74 YEARS
S/O. VARKEY ULAHANNAN, MADATHINAKATHU HOUSE,
PARATHODU KARA, MUNDAKKAYAM VILLAGE, KANJIRAPPALLY
TALUK, PRESENTLY RESIDING AT 754, EAST 211 TH STREET,
BRINX, NEW YORK, USA.
2 ANNAMMA
W/O. GEORGE JOHN, MADATHINAKATHU HOUSE, PARATHODU
KARA, MUDAKKAYAM VILLAGE, KANJIRAPPALLY TALUK,
PRESENTLY RESIDING AT 754, EAT 211TH STREET, BRINX,
NEW YORK, USA.
R1 TO R2 BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP.No.337 OF 2020
2
ORDER
Dated this the 9th day of February 2021
The petitioners are the original defendants in O.S.No.51 of
2017 on the file of Sub Court, Devikulam. An ex-parte decree
was passed against the petitioners on 27.03.2019. The decree
was sought to be set aside before the trial court through
I.A.No.145 of 2019. The trial court not being satisfied with the
sufficient cause pleaded, dismissed the application. The order
was challenged in C.M.A.No.55 of 2019, where the impugned
order was refused to be interfered with. Challenging the order
confirmed by the trial court, this Revision Petition is filed by the
aggrieved petitioners.
2. I heard the learned counsel for the petitioners and
respondents/plaintiffs.
3. On going through the orders passed by the court
below, I am of the opinion that the evidence on record was not
fully appreciated in its proper perspective. I am satisfied that
the petitioners made out sufficient case, which, in fact
prevented them from appearing when the case was taken up for
hearing. Having regard to the nature of contentions taken in the
suit, I am of the opinion that an opportunity shall be given to the
CRP.No.337 OF 2020
petitioners to contest the case on merits. It is submitted that
the suit was filed for cancelling four documents, for which I am
of the opinion that an opportunity to contest the case on merits
must be certainly accorded.
In the result, this Revision Petition is allowed, setting
aside impugned order dated 07.07.2020 in C.M.A.No.55 of 2019
of the District Court, Thodupuzha and I.A.No.145 of 2019 in
O.S.No.51 of 2017 on the files of Sub Court, Devikulam. The trial
Court shall restore the suit to file and proceed to dispose it of
within a period of 3 months from the date of receipt of a
certified copy of this judgment.
Sd/-
T.V.ANILKUMAR
JUDGE
DK
