Kerala High Court
Biju vs Chandrika on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 29th day of October 2021 / 7th Karthika, 1943
MJC NO. 68 OF 2021 IN RFA 207/2009
O.S.NO.889/2004 OF PRINCIPAL SUB COURT, THRISSUR
PETITIONERS/2nd AND 3rd APPELLANTS
1.BIJU @ BIJU K.SANKARAN, AGED 48 YEARS,
S/O.LATE SANKARAN,AKKATHETHARA VEEDU,
KADALASSERY DESOM,
VAKLACHIRA VILLAGE,THRISSUR TALUK, NOW
RESIDING 4/41, ADITYA PARK, HARI OM NAGAR,
MULUND (E) MUMBAI 400081
2. SHAINA SATHI @ SHINY, AGED 47 YEARS
S/O.LATE SANKARAN,AKKATHETHARA VEEDU,,
KADALASSERY DESOM, VAKLACHIRA VILLAGE,THRISSUR
TALUK, NOW RESIDING AT NO 8 SAI SANTHI SAI
BABA COMPLEX, MOHAN GOKHALE ROAD, GOREGAON(E),
MUMBAI- 400 063
RESPONDENTS/RESPONDENTS:
1. CHANDRIKA, AGED 80 YEARS, W/O.KAIPULLY
KESAVAN, VELLANIKKARA DESOM,, MADAKATHARA
VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN- 680651
2. KARTHIAYANI, AGED 70 YEARS, W/O.KOMBILI
KUTTAPPAN, MELECHIRA DESOM,,
CHUVANNAMANNU VILLAGE, THRISSUR
TALUK,THRISSUR DISTRICT, PIN-680652
3. PADMAVATHY, AGED 68 YEARS, EMPLOYED IN
AGRICULTURAL UNIVERSITY, W/O.ATTASSERI
KRISHNANKUTTY, PURANNATTUKARA DESOM,
ADATTU VILLAGE, THRISSUR TALUK THRISSUR
DISTRICT, PIN- 680 551
4. VASUDEVAN, AGED 65 YEARS,
S/O.MADAMBIKATTU KUNJAYAPPAN,
VELLANIKKARA DESOM, MADAKKATHARA
VILLAGE,, THRISSUR TALUK,THRISSUR
DISTRICT, PIN- 680654 (DIED)
5. SHANTHA, AGED 61 YEARS, W/O.KOLATTU
BALAKRISHNAN,KOLAZHI DESOM KOLAZHI
VILLAGE,THRISSUR TALUK, THRISSUR
DISTRICT, PIN-680010
6. KUNJUKUTTAN @ RAMAN (DIED) S/O.LATE
KOTTIKAL KUTTAN @ AYYAPPAN,, KADALASSERI
DESOM, VALLACHIRA VILLAGE,, THRISSUR
TALUK, THRISSUR DISTRICT, PIN- 680562
7. KANDAKUTTY(DIED),S/O.KOPPATTIL VELUNNI,
PALAZHI DESOM, URAKAM VILLAGE,, THRISSUR
TALUK,THRISSUR DISTRICT, PIN-680310
8. BALAN, AGED 74 YEARS, S/O.KOPPATTIL
KANDAKUTTY, PALAZHI DESOM, URAKAM
VILLAGE,, THRISSUR TALUK,THRISSUR
DISTRICT, PIN-680310
9. RADHA SIDHARTHAN, AGED 71 YEARS,
POOVATHUMKADAVU HOUSE, POOVATHUMKADAVU
P.O.,, VELLIVATTOM, KONATHUKUNNU VIA,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN-680 665
10. SULOCHANA RAJAN, W/O.URUNDOLI RAJAN,
ASHTAMICHIRA P.O.,MALA, MUKUNDAPURAM
TALUK,THRISSUR DISTRICT, PIN-680 731
11. VIJAYAN, AGED 67 YEARS, S/O.KOPPATTIL
KANDAKUTTY,PALAZHI DESOM, ORAKAM VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT,
PIN-680310
12. MALLIKA VIJAYAN, AGED 65 YEARS,
W/O.KOTTICKAL VIJAYAN, KADALASSERI
DESOM,VALLACHIRA VILLAGE, THRISSUR TALUK
, THRISSUR DISTRICT, PIN- 680562
13. DR.SARASWATHI VIJAYAN, AGED 63 YEARS,
TC-35/4167, PAZHAYANADAKKAVU,THRISSUR
TOWN AND TALUK, THRISSUR DISTRICT,
PIN-680001
14. PREHLADAN, AGED 61, KOPPATTIL HOUSE, NEAR
ZOO,, CHEMPUKAVU DESOM AND VILLAGE,,
THRISSUR TALUK, THRISSUR DISTRICT, PIN-
680020
15. KURUMBAKUTTY, AGED ABOUT 90, W/O.KOTTIKAL
KUNJUKUTTAN @ RAMAN,, KADALASSERI DESOM,
VALLACHIRA VILLAGE,, THRISSUR
TALUK, THRISSUR DISTRICT, PIN- 680562
16. VIJAYAN, AGED 73 YEARS , KOTTIKAL HOUSE,
KADALASSERI DESOM,, VALLACHIRA VILLAGE,
THRISSUR TALUK, PIN- 680 562
17. SARALA, AGED ABOUT 71 YEARS,
W/O.SUBRAMANIAN, PUTHANPURAKKAL HOUSE,,
KOTTAPPURAM DESOM, THRISSUR VILLAGE,,
THRISSUR TALUK., THRISSUR DISTRICT, PIN-
680 667
18. REMANI, AGED 68 YEARS, W/O.MOHANAN,
PUTHUKKATTIL HOUSE,, CHEMBUCHIRA P.O.,
KODAKARA VILLAGE,, MUKUNDAPURAM
TALUK,THRISSUR DISTRICT, PIN-680684
19. SAKUNTHALA, AGED 63 YEARS ,W/O.ARUMUGHAN,
PARAPURATH KALARICKAL,, KADALASSERI
DESOM, VALLACHIRA VILLAGE,, THRISSUR
TALUK, THRISSUR DISTRICT, PIN-680562
20. SATHEESAN, AGED 60 YEARS, KOTTIKKAL
HOUSE,, KADALASSERI DESOM, VALLACHIRA
VILLAGE,, THRISSUR TALUK, THRISSUR
DISTRICT, PIN- 680562
21. JALAJA, AGED 57 YEARS, W/O.PRASANNAN,
VALAKATTIL HOUSE,, KARUVANNUR P.O.,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN-680711
22. JISHA, AGED 54 YEARS, W/O.DINESHAN,
THADATHIL HOUSE,, CHITTILAPPILLY DESOM
AND VILLAGE,, THRISSUR TALUK,THRISSUR
DISTRICT, PIN-680551
23. SAJESH @ KANNAN , AGED ABOUT 51 YEARS,
KOTTIKKAL HOUSE, KADASSERI DESOM,,
VALLACHIRA POST AND VILLAGE,, THRISSUR
TALUK, THRISSUR DISTRICT, PIN-680562
24. KUNJULEKSHMI, W/O LATE VASUDEVAN,
MADAMBIKATTIL HOUSE,VELLANIKKARA EAST
P.O.,THRISSUR DISTRICT, PIN-680654
25. SARITHA, D/O LATE VASUDEVAN AND W/O
RAJESH, PULLIKKAL HOUSE, MANNUTHY P.O,
THRISSUR DISTRICT, PIN-680651
26. SANTHOSH, S/O LATE
VASUDEVAN, MADAMBIKKATTIL HOUSE,
VELLANIKKARA EAST P.O, THRISSUR DISTRICT,
PIN -680 654
This Miscellaneous jurisdiction case praying that in the
circumstances stated in the affidavit filed therewith the High Court be
pleased to readmit the above appeal back to the files of this Hon'ble
Court and to dispose of the same on merits,in the interest of justice.
The MJC coming on for ordes upon perusing the petition and the
affidavit filed in support thereof and this courts order dated 28/10/2020
in MJC 70/2020 AND THIS COURTS JUDGMENT DATED 6/02/2020 IN RFA, and upon
hearing the arguments of SRI G.SREEKUMAR (CHELUR) ,SRI.K.R.ARUN KRISHNAN,
Advocates for the petitioners and of SRI.K.P.SREEKUMAR, Advocate for R1 to
R5, SRI.SANTHOSH P. PODUVAL,SMT.RAJITHA .R.,Advocates for R12,
SRI.P.M.SATHEESH, Advocate for R24 to R26, the Court passed the following.
p.t.o.
DEVAN RAMACHANDRAN, J.
========================
M.J.C No.68 of 2021
in
R.F.A.No. 207of 2009
========================
Dated this the 29th day of October, 2021
ORDER
Having considered the averments in the affidavit in
support of this M.J.C, I am of the view that the appellants have
made out sufficient cause warranting restoration of this R.F.A.
This M.J.C is therefore, allowed and the R.F.A. is restored
for further hearing.
The Registry is directed to list the R.F.A. as per roster.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
ANB
29-10-2021 /True Copy/ Assistant Registrar
