Sundaresan And Another vs Subair
2022 Latest Caselaw 8759 Ker

                  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.
              --------------------------------------------------------
                            R.F.A.No.464 of 2010
              --------------------------------------------------------
                   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

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