Gracy vs Jijo Joseph
2024 Latest Caselaw 27083 Ker

Kerala High Court

Gracy vs Jijo Joseph on 6 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

MJC No.58/2023                                1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                            &

                         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

                 Friday, the 6th day of September 2024 / 15th Bhadra, 1946


                                   MJC NO. 58 OF 2023



                   RFA 259/2017 OF THE HIGH COURT OF KERALA, ERNAKULAM

                            OS 56/2011 OF THE SUBCOURT, KOCHI

   PETITIONERS/APPELLANTS:

      1. GRACY, D/O.AUGUSTINE, AGED ABOUT 70 YEARS, KUNNEL HOUSE, MUNDAMVELI
         (P.O.), ERNAKULAM DISTRICT, PIN - 682507.
      2. THERESA JOSE , W/O.JOSE, AGED ABOUT 35 YEARS, KUNNEL HOUSE,
         MUNDAMVELI (P.O.), ERNAKULAM DISTRICT,PIN - 682507.
      3. AJAY JOSE, S/O.GRACY, AGED ABOUT 42 YEARS, KUNNEL HOUSE, MUNDAMVELI
         (P.O.), ERNAKULAM DISTRICT, PIN - 682507.

   RESPONDENTS/RESPONDENTS:

      1. JIJO JOSEPH, S/O.MANAVALAN JOSEPH, AGED 30 YEARS , AIPATH HOUSE,
         THIRUVALOOR KARA, ALANGAD VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT,
         PIN - 683511.
      2. JOHNSON.A.X. @ JOY, S/O.XAVIER, AGED 50 YEARS, ARAKKAL HOUSE, EAST
         KADUNGALLOOR, U.C. COLLEGE P.O., PIN - 683102.


        This Miscellaneous jurisdiction case praying that in the
   circumstances stated in the affidavit filed therewith the High Court be
   pleased to set aside the judgment in RFA 259/2017 dated 13/11/2017
   dismissing the above appeal for default, and restore the above appeal to
   the file of this Hon'ble Court.

        This MJC coming on for orders upon perusing the petition and the
   affidavit filed in support thereof, and upon hearing the arguments of
   SMT.MARIA NEDUMPARA, SRI.GENS GEORGE ELAVINAMANNIL, Advocates for the
   petitioners and of SRI.REJI GEORGE, Advocate for first respondent, the
   Court passed the following.
 MJC No.58/2023                               2/2

                                        ORDER

There is no appearance for the petitioners. Further, this MJC has been filed with undue delay and it is stated that the decree has been executed followed by three or four other suits and it is stated by Sri. Reji George appearing for the first respondent that the decree has been executed.

Resultantly, finding this MJC to wake up unnecessary, we dismiss it for default.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- SOPHY THOMAS JUDGE

06-09-2024 /True Copy/ Assistant Registrar