Kerala High Court
Xxxx vs State Of Kerala on 24 September, 2024
2024:KER:70227
MJC.No.126/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
MJC NO. 126 OF 2023
AGAINST THE JUDGMENT IN RSA NO.94/2014 OF HIGH COURT OF
KERALA
PETITIONERS/APPELLANTS:
1 C.P.JOSEPH, AGED 69 YEARS
S/O.LATE PIOUS, CHALONA HOUSE,
N.KALAMASSERY, ERNAKULAM, PIN - 682033.
2 C.P.RAPHEAL, AGED 67 YEARS
S/O LATE PIOUS, CHALONA HOUSE,
THANNIKKAL,ELAMAKKARA, ERNAKULAM, PIN - 682016.
3 C.P.GEORGE, AGED 64 YEARS
S/O LATE PIOUS, CHALONA HOUSE,
THANNIKKAL,ELAMAKKARA ERNAKULAM, PIN - 682016.
4 C.P.SEBASTAIN, AGED 61 YEARS
S/O LATE PIOUS CHALONA HOUSE,
THANNIKKAL,ELAMAKKARA ERNAKULAM,
PIN - 682016.
5 DESTY THOMAS, AGED 57 YEARS
S/O LATE THOMAS, WARRIATH HOUSE,
VALAPPU, MALIPPURAM, ERNAKULAM, PIN - 682511.
BY ADV A.B.JALEEL
RESPONDENTS/RESPONDENTS:
1 C.P FRANCIS, AGED 47 YEARS, S/O LATE PIOUS,
CHALONA HOUSE, KALOOR, ERNAKULAM, PIN - 682017.
2024:KER:70227
MJC.No.126/2023 2
2 CLARA JACOB, AGED 54 YEARS
W/O JACOB, PALAPPARAMBIL HOUSE,
JOURNALIST COLONY, KALOOR, ERNAKULAM, PIN - 682017.
3 KAVITHA ANTONY, AGED 37 YEARS
W/O ANTONY, PLAPPISSERY HOUSE,
ETTUKKATTIL TEMPLE ROAD,
ELAMAKKARA, ERNAKUALAM, PIN - 682017.
4 SAVITHA SACHIN, AGED 33 YEARS
W/O SACHIN, AAYILYAM HOUSE, ASOKA ROAD LIBERTY LINE,
KALOOR ERNAKULAM, PIN - 682017.
THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR
ADMISSION ON 03.09.2024, THE COURT ON 13.09.2024 DELIVERED THE
FOLLOWING:
2024:KER:70227
MJC.No.126/2023 3
A. BADHARUDEEN, J.
================================
M.J.C.No.126 of 2023
in
R.S.A.No.94 of 2014
================================
Dated this the 13th day of September, 2024
ORDER
This is a petition filed under Order 41 Rule 19 of the Code of
Civil Procedure and the prayer herein is to readmit the Regular Second
Appeal, which is dismissed for non prosecution on 19.09.2023. Notice
was served upon the respondents in the MJC. The 1 st and 2nd respondents
filed objection.
2. In the affidavit filed by the learned counsel in support of
the M.J.C, who filed R.S.A.No.94 of 2014, the reason stated is that he
could not attend the Court on 19.09.2023 because of the ill health
condition of his daughter and therefore the appeal may be readmitted.
3. In the detailed objection filed by the 1st and 2nd
respondents, readmission of the appeal was seriously opposed on the
submission that no sufficient reasons stated for non appearance of the
appellant or counsel before the Court and therefore the M.J.C filed as an
2024:KER:70227
experiment is liable to be dismissed.
4. On perusal of the affidavit filed by the counsel appearing
for the appellant, bad health of the daughter of the counsel is the reason
sought for readmitting the Regular Second Appeal. In fact, the same is not
a ground to readmit the Regular Second Appeal as he could have either
engaged any lawyer or entrusted somebody to represent the case.
Therefore, there is no sufficient ground to readmit the Regular Second
Appeal, as contended by the 1st and 2nd respondents, is having force.
5. However, in the interest of justice, I am inclined to
readmit the Regular Second Appeal on payment of Rs.5,000/- (Rupees
Five thousand only) as cost to the learned counsel appearing for the 1 st and
2nd respondents, within a period of 7 days from today.
On payment of cost, as ordered, within 7 days from today, the
MJC will stand allowed and the Regular Second Appeal will stand
readmitted for hearing. On failure to do so, the M.J.C will stand
dismissed.
Sd/-
A. BADHARUDEEN, JUDGE
rtr/
