High Court Kerala High Court

Elizabeth vs Filomina on 11 August, 2010

Kerala High Court
Elizabeth vs Filomina on 11 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 195 of 2010()


1. ELIZABETH, VAS HOUSE, BISHOP'S HOUSE
                      ...  Petitioner
2. FRIDOVAS VAS  HOUSE, BISHOP'S HOUSE

                        Vs



1.  FILOMINA, MADAPPARA VADAKKATHIL,
                       ...       Respondent

2. ROSE MARY, MADAPPARA VADAKKATHIL,

3. SEBASTIAN MADAPPARA VADAKKATHIL,

4. EDWARD MADAPPARA VADAKKATHIL,

                For Petitioner  :SRI.JOHNSON GOMEZ

                For Respondent  :SRI.P.HARIDAS

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :11/08/2010

 O R D E R
                      HARUN-UL-RASHID, J.
                      ------------------------
                      F.A.O.No.195 Of 2010
                       ----------------------
            Dated this the 11th day of August, 2010.

                         J U D G M E N T

The defendants in O.S.No.77 of 1997 on the file of the

Munsiff Court, Punalur, are the appellants. The appeal is directed

against the order dated 24.1.2009 in I.A.No.729 of 2008 in

F.A.O.No.16 of 2004 of the Sub Court, Kottarakkara.

F.A.O.No.16 of 2004 came up for final hearing on 5.4.2008.

Appellants called absent. Finding that there was no

representation the appeal was dismissed for default. I.A.No.729

of 2008 was filed by the absentee appellants for re-admission of

the appeal. The reason stated for the non-appearance on

5.4.2008 is that the counsel could not attend the court for the

reason that his clerk had mistakenly recorded the posting date as

08.04.2008 instead of 05.04.2008. Since the petition is not

supported by the affidavit of the advocate clerk the court below

did not accept the reasons and the petition for readmission was

dismissed.

2. The original suit was decreed ex-parte. The

defendants did not contest the suit. They have preferred a

F.A.O.195 Of 2010
::2::

petition for setting aside the ex-parte decree and the same was

dismissed. Therefore, they have preferred the above said

F.A.O.No.16/2004 against the dismissal of their petition to set

aside the ex-parte decree. The said appeal also was dismissed

for default. There was no occasion for the courts below to

consider the case on merits. In the interest of justice, this Court

directs the court below to hear and dispose of the appeal on

merits, on condition that the appellants shall pay Rs.2,000/- to

the counsel for the respondents within a period of two weeks

from today failing which the appeal shall stand dismissed. The

court below shall dispose of the appeal within a period of three

months from the date of receipt of a copy of this judgment. No

order as to costs.

The appeal is disposed of as above.

HARUN-UL-RASHID,
Judge.

bkn/-