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.
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F.A.O.No.195 Of 2010
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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
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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/-