Manikandan vs Renuka Bhai Amma
2024 Latest Caselaw 29258 Ker

Kerala High Court

Manikandan vs Renuka Bhai Amma on 10 October, 2024

                                                            2024:KER:77398
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
       THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
                           MJC NO. 91 OF 2024

         AGAINST THE JUDGMENT IN RSA NO.1151 OF 2017 OF HIGH COURT OF
                                 KERALA
APPLICANTS/APPELLANTS:
     1      MANIKANDAN
            AGED 55 YEARS
            S/O.LATE ANANDAN, RENUKA MANDIRAM, VELLIMON P.O., CHERUMMOODU
            CHERRY,PERINADU VILLAGE, KOLLAM TALUK, KOLLAM, PIN - 691511
     2      SATHYAN
            AGED 53 YEARS
            S/O.LATE ANANDAN,UTHRADAM HOUSE, PERUMPUZHA P.O., ELAMPALLOOR
            VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691504
     3      SREEKANDAN
            AGED 53 YEARS
            S/O.LATE ANANDAN,KUNNATHUVILA VEEDU, KANDACHIRA,PERINADU P.O,
            PANAYAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691601
            BY ADV.BHANU THILAK

RESPONDENTS/RESPONDENTS:
     1      RENUKA BHAI AMMA
            AGED 60 YEARS
            D/O.BHANUMATHI AMMA, RESIDING AT THUSHARAM,
            KIDANGAYAM,NADUVIL, PATHARAM P.O., SOORANADU SOUTH,KUNNATHOOR
            TALUK, KOLLAM DISTRICT, PIN - 690567
     2      RAGINI AMMA
            AGED 59 YEARS
            D/O.BHANUMATHI AMMA, RESIDING AT USHAS, KUZHIMATHIKKADU,
            KAREEPRA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN -
            691509
     3      GEETHABHAI AMMA
            AGED 63 YEARS
            D/O.BHANUMATHI AMMA, AGED 63 YEARS, RESIDING AT KUNNATHUVILA
            VEEDU, KANDACHIRA, PERINADU P.O., PANAYAM VILLAGE, KOLLAM,
            KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691601

     THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION
ON 10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 C.M.Appl.No.1 of 2024
        in
M.J.C.No.91 of 2024
       in
R.S.A.No.1151 of 2017
       &
M.J.C.No.91 of 2024
      in
R.S.A.No.1151 of 2017                    2                     2024:KER:77398



                               COMMON ORDER

Dated this the 10th day of October, 2024

C.M.Appl.No.1/2024 is filed to condone delay of 90 days in

filing M.J.C.No.91/2024 on the ground that the learned counsel for

the appellants could not appear when R.S.A.No.1151/2017 was posted

for hearing on 23.2.2024, on medical grounds.

2. Condonation of delay in filing M.J.C.No.91/2024 as well as

re-admission of R.S.A.No.1151/2017, by allowing M.J.C., strongly

opposed by the learned counsel for the respondents, pointing out

dilatory tactics.

3. In this matter, going by the judgment in

R.S.A.No.1151/2017, dated 23.2.2024, in paragraph Nos.2 and 3, the

reasons led to dismissal of R.S.A.No.1151/2017, have been stated. The

reason is that, no representation for appellants on 23.2.2024 and on

the last posting date also. It was also noticed that, earlier occasion

in

in

&

in R.S.A.No.1151 of 2017 3 2024:KER:77398

also, the appeal was dismissed for default on 7.11.2022 and re-

admitted on 19.12.2022, by allowing M.J.C.No.120/2022.

4. Thus, it appears that, whenever this Regular Second

Appeal posted for hearing and disposal, on merits, as insisted by the

other side, the appellants could not argue the matter and got the

appeal dismissed for non-prosecution though the original suit is of

the year 2010. Therefore, the appellants are playing dilatory tactics

to maintain the Regular Second Appeal, with a view to put hazards to

the other side, without being disposed of, on merits.

In view of the above discussion, the delay petition as well as

M.J.C. are liable to be dismissed.

Hence, both these petitions stand dismissed.

Sd/-

A.BADHARUDEEN JUDGE

Bb

in

in

&

in R.S.A.No.1151 of 2017 4 2024:KER:77398

APPLICANTS/APPELLANTS' ANNEXURES

ANNEXURE A1 TRUE COPY OF THE DISCHARGE SUMMARY OF THE COUNSEL DATED 01-03-2024

RESPONDENTS' ANNEXURES : NIL