Shaji Jayarajan vs Commandant
2024 Latest Caselaw 30806 Ker

Kerala High Court

Shaji Jayarajan vs Commandant on 30 October, 2024

                                            2024:KER:81006
MJC NO.30 OF 2024
IN RSA NO.522 OF 2023
                              1

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

  WEDNESDAY, THE 30TH DAY OF OCTOBER 2024/8TH KARTHIKA,

                             1946

                   MJC NO. 30 OF 2024

         AGAINST THE JUDGMENT DATED 16.01.2024 IN RSA

         NO.522 OF 2023 OF HIGH COURT OF KERALA

APPELLANTS/RESPONDENTS/PLAINTIFF1,2 & 4:

    1    SHAJI JAYARAJAN
         AGED 49 YEARS
         S/O. LATE JAYARAJAN, "SILVER WAVES"
         PAYYAMBALAM, KANNUR DISTRICT,
         PIN - 670001

    2    NALINI
         W/O. LATE JAYARAJAN,
         "SILVER WAVES", PAYYAMBALAM,
         KANNUR DISTRICT, PIN - 670001

    3    SURAJA SOMAN
         W/O. SOMAN, "MOORKKOTH HOUSE"
         PAYYAMBALAM,KANNUR DISTRICT,
         PIN - 670001


         BY ADV ATUL SOHAN
RESPONDENTS/APPELLANT NO.1 & RESPONDENTS/DEFENDANTS:

    1    COMMANDANT
         STATION CELL, DSC CENTRE,
         STATION HEAD QUARTERS,
         KANNUR, PIN - 670001

    2    SECRETARY TO GOVERNMENT OF INDIA
         MINISTRY OF DEFENSE, DEFENSE,
 MJC NO.30 OF 2024
IN RSA NO.522 OF 2023
                           2

         DEPARTMENT OF DEFENSE,
         NEW DELHI, PIN - 110011

    3    SHYLAJA
         D/O/ LATE DEVAKI,
         "MOORKKOTH HOUSE", PAYYAMBALAM,
         KANNUR DSTRICT., PIN - 670001

    4    BABY SUDHA
         D/O. LATE DEVAKI, "ITTIYIL HOUSE",
         CHOODIKOTTA, MAHE- 673310
         JAYALAKSHMI, RESIDING AT MOORKKOTH HOUSE,
         PAYYAMBALAM KANNUR DISTRICT,
         PIN - 670001

    5    SEETHA.P
         AGED 67 YEARS
         W/O. LATE PRASANNA KUMAR,
         NO OCCUPATION, MOORKKOTH (H),
         PAYYAMBALAM, KANNUR, PIN - 670001


     THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP
FOR ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 MJC NO.30 OF 2024
IN RSA NO.522 OF 2023
                                 3

                            ORDER

Dated this the 30th day of October, 2024

This is an application filed by the petitioner to readmit

R.S.A. No.522 of 2023 along with C.M.A.No.1 of 2023, which was

dismissed as per the judgment dated 16.01.2024 for non-

prosecution, recording the fact that process filed defective against

R6.

2. Heard both sides. Other side opposed the prayer.

3. Since the appeal was dismissed for non-prosecution,

in the interest of justice, in order to provide an opportunity to the

petitioner to argue the appeal on merits, this petition stands

allowed on payment of cost of Rs.5,000/- (Rupees five thousand

only) to the counsel appearing for the respondent, within a period

of seven days from today. On payment of cost, the MJC stands

allowed and R.S.A. No.522 of 2023 stands re-admitted. On failure

to pay cost within the stipulated time, as directed, the MJC will

stand dismissed.

Sd/-

A. BADHARUDEEN JUDGE nkr