IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 300 of 2009()
1. P.SOMAN PILLAI, S/O.PACHAN PILLAI
... Petitioner
Vs
1. V.JAYADEVAN, S/O.LATE VASU
... Respondent
For Petitioner :SRI.M.R.RAJESH
For Respondent :SRI.T.M.ABDUL LATHEEF
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :08/01/2010
O R D E R
A.K.BASHEER & M.L.JOSEPH FRANCIS, JJ.
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F.A.O.No.300 OF 2009
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Dated this the 8th day of January 2010
JUDGMENT
Basheer, J.
This appeal is directed against the order passed by the court below on an
application for restoration of the appellant’s appeal which was dismissed for
default.
2. It was noticed by the court below that the appeal was being adjourned
from time to time on several occassions and that the appellant was not prepared
to argue the case. For instance, the appeal was posted before the lower appellate
court on August 5, 2008. Thereafter, it was adjourned to 7th, 13th and 14th of
August for hearing. The appeal was admittedly dismissed on August 14th, since
the appellant was not ready.
3. However, having heard learned counsel for the parties, we are of the
view that the appellant can be given one more chance to prosecute his appeal on
condition that he pays Rs.5,000/- as cost to the respondent. The cost shall be
deposited before the lower court within one month from today, failing which this
order will stand recalled.
4. The court below shall hear and dispose of the appeal as expeditiously as
possible at any rate on or before March 31, 2010.
F.A.O. is disposed of as above.
A.K.BASHEER, JUDGE
M.L.JOSEPH FRANCIS, JUDGE
jes