David Laly vs James Joseph
2025 Latest Caselaw 1122 Ker

Kerala High Court

David Laly vs James Joseph on 17 July, 2025

MJC No. 174 of 2024

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                                                           2025:KER:53111


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE K. NATARAJAN
  THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
                            MJC NO. 174 OF 2024
        AGAINST       THE   JUDGMENT       DATED   05.08.2024   IN   OP(C)
NO.3245 OF 2019 OF THE HIGH COURT OF KERALA

APPLICANT/PETITIONER:

             DAVID LALY
             AGED 58 YEARS, S/O DAVID, B4, SHARON,
             CHOICE GARDENS, TOC H ROD, VYTILLA,
             ERNAKULAM, PIN - 682 019.

             BY ADV
             SRI.SANTHAN V.NAIR


RESPONDENT/RESPONDENT:

             JAMES JOSEPH
             AGED 58 YEARS, S/O JOSEPH, KONANIKKAL,
             PERIYAPURAM P. O, ONAKKUR VILLAGE, MUVATTUPUZHA,
             ERNAKULAM DISTRICT, PIN - 686 661.

             BY ADVS.
             SHRI.M.RISHIKESH SHENOY
             SMT.REMYA M. MENON
             SMT.ANN MARY.V.I



       THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP
FOR ADMISSION ON 17.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 MJC No. 174 of 2024

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                                                       2025:KER:53111




                               ORDER

(Dated this the 17th day of July, 2025)

This MJC is filed by the applicant/petitioner for

restoring the OP (C) No.3245/2019, which was dismissed

for non-prosecution on 05.08.2024. Notice served on the

respondent, but un-represented.

2. Considering the facts and circumstances of the

case, being satisfied with the cause shown in the affidavit,

the MJC application is allowed. The order of dismissal

dated 05.08.2024 passed in OP (C) No.3245/2019 is hereby

set aside.

3. Accordingly, the MJC is disposed of and the

original petition is restored to the original files.

4. Heard the arguments of the learned counsel for

the petitioner. Looking into the facts and circumstances, all

further proceedings in EP No.1086/2015 pending on the file

2025:KER:53111

of Additional District Court - V, Edamalayar is hereby

stayed.

List the OP (C) No.3245/2019 on 31.08.2025.

Sd/-

K. NATARAJAN JUDGE

S.M.K.

2025:KER:53111

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE PLAINT FILED IN OS NO.

540/2025 DATED 31.5.2025 BEFORE THE PRINCIPAL MUNSIFF COURT, ERNAKULAM