BY AD vs SRI.M.P.ASHOK KUMAR

BY ADVS. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SMT.BINDU SREEDHAR SHRI.ASIF N THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 26.03.2025, ALONG WITH OP(C) NOS.1828/2016, 1829/2016 AND 1830/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO.No.35 of 2025 and Conn. Cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 OP(C) NO. 1828 OF 2016 AGAINST THE ORDERS IN IA NOS. 237 & 238 OF 2015 IN IA NO.398 OF 2012 AND IA NOS.239 & 240 OF 2015 IN IA NO. 399 OF 2012 IN AS NO.32 OF 2005 OF THE DISTRICT COURT, KALPETTA PETITIONERS: 1 2 3 4 5 RAMAN, AGED 53 YEARS, S/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. AMMINI, W/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL,ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK,WAYANAD DISTRICT. BHASKARAN, S/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL,ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK,WAYANAD DISTRICT. SUMA, D/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL,ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK,WAYANAD DISTRICT. GEETHA, D/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL,ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK,WAYANAD DISTRICT. FAO.No.35 of 2025 and Conn. Cases 4 6 MANEESHA, D/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL,ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK,WAYANAD DISTRICT. BY ADV SRI.S.M.PRASANTH RESPONDENTS: 1 2 THAZHEMITTATH KELU, S/O.DARAPPAN, AGED 55 YEARS, EDAMANA CHERIMMAL THAZHEMITTATH, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN - 673122 K. BALAN, S/O. CHANDU, THAZHEMITTATH, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN - 673122 BY ADVS. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SMT.BINDU SREEDHAR SHRI.ASIF N THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

26.03.2025, ALONG WITH FAO.35/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO.No.35 of 2025 and Conn. Cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 OP(C) NO. 1829 OF 2016 AGAINST THE ORDERS IN IA NOS. 241 & 242 OF 2015 IN IA NO.400 OF 2012 IN AS NO.32 OF 2015 OF THE DISTRICT COURT, KALPETTA PETITIONERS: 1 2 3 4 5 RAMAN, AGED 66 YEARS, S/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. AMMINI, W/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. BHASKARAN, S/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. SUMA, D/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. GEETHA, D/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. FAO.No.35 of 2025 and Conn. Cases 6 6 MANEESHA, D/O. EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV SRI.S.M.PRASANTH RESPONDENTS: 1 2 THAZHEMITTATH KELU, S/O. DARAPPAN, AGED 55 YEARS, EDAMANA CHERIMMAL THAZHEMITTATH, ANJUKUNNU AMSOM DESOM MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-673 122. K. BALAN, S/O. CHANDU, THAZHEMITTATH, ANJUKUNU AMSOM DESOM MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-673122. BY ADVS. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SMT.BINDU SREEDHAR SHRI.ASIF N THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

26.03.2025, ALONG WITH FAO.35/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO.No.35 of 2025 and Conn. Cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 OP(C) NO. 1830 OF 2016 AGAINST THE ORDERS IN IA NOS. 243 & 244 OF 2015 IN IA NO.401 OF 2012 IN AS NO.32 OF 2005 OF THE DISTRICT COURT, KALPETTA PETITIONER: 1 2 3 4 5 RAMAN, AGED 66 YEARS, S/O EDAMANA CHADNU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. AMMINI, W/O EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. BHASKARAN, S/O EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. SUMA, D/O EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. GEETHA, D/O EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. FAO.No.35 of 2025 and Conn. Cases 8 6 MANEESHA, D/O EDAMANA CHANDU, CHERIMMALATHAZHE VEETTIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV SRI.S.M.PRASANTH RESPONDENTS: 1 2 THAZHEMITTATH KELU, S/O DARAPPAN, AGED 55 YEARS, EDAMANA CHERIMMAL THAZHEMITTATH, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN - 673 122. K. BALAN, S/O CHANDU, THAZHEMITTATH, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN - 673 122. BY ADVS. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SMT.BINDU SREEDHAR SHRI.ASIF N THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

26.03.2025, ALONG WITH FAO.35/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO.No.35 of 2025 and Conn. Cases 9 K.BABU, J. ------------------------------------------- FAO No.35 of 2025, O.P.(C) Nos.1828, 1829 & 1830 of 2016 --------------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The FAO and the Original Petitions arise from A.S.No.32/2005 on the file of the District Court, Kalpetta. The original appellant Sri.Edamana C. Chanthu instituted O.S.No.102 of 1996 before the Munsiff - Magistrate’s Court, Manandavadi. The respondents are the defendants in the suit. The Trial Court dismissed the suit. Sri.Chanthu challenged the decree and judgment passed by the Munsiff’s Court before the District Court by filing A.S.No.32 of 2005.

2. The appellant (Sri.Chanthu) died on 02.02.2011. The appeal remained unrepresented. On 23.05.2011, the District Court dismissed the appeal for default.

3. The legal representatives of the original appellant filed I.A.No.397/2012 CPC seeking to readmit the FAO.No.35 of 2025 and Conn. Cases 10 appeal along with I.A.No.396/2012 to condone the delay of 480 days. They also filed I.A.No.399/2012 to set aside the abatement of the appeal due to the death of the original appellant along with I.A.No.398/2012 to condone the delay in filing the application to set aside abatement. They filed I.A.No.400 of 2012 seeking to implead them as legal representatives of the deceased original appellant along with I.A.No.401/2012 seeking amendments in the cause title.

4. I.A.Nos. 396 to 401 of 2012 were dismissed for default on 18.12.2013.

5. The legal representatives of the original appellant filed I.A.No.236/2015 to restore I.A.No.397/2012 and I.A.No.235/2015 to condone the delay in filing the application to restore the application. They also filed I.A.No.234/2015 to restore I.A.No.396/2012 and I.A.No. 233/2015 to condone the delay.

6. I.A.No.240/2015 was filed to restore I.A.No.399 of 2012 and I.A.No.239/2015 to condone the delay. They also FAO.No.35 of 2025 and Conn. Cases 11 filed I.A.No.238/2015 and I.A.No.237/2015 to restore I.A.No.398/2012 and to condone the delay and I.A.Nos.242 of 2015 and 241 of 2015 to restore I.A.No.400/2012 and to condone the delay. They also filed I.A.No.244/2015 and I.A.No.243/2015 to restore I.A.No.401/2012 and to condone the delay. All those applications were dismissed for default on 29.02.2016.

7. The challenge in the FAO No.35/2025 is to the order of dismissal of I.A.Nos. 233 to 236 of 2015. O.P.(C)No. 1828 of 2016 is filed challenging the orders dismissing I.A.Nos. 237 to 240 of 2015.

8. The order of dismissal of I.A.Nos.241/2015 and 242/2015 is under challenge in O.P.(C)No.1829/2015 and the order dismissing I.A.Nos. 243 and 244 of 2015 is under challenge in O.P.(C)No.1830/2016.

9. The legal representatives of the appellant pleaded that the file relating to the case was misplaced at the office of their lawyer. Though they approached the lawyer to file application to restore the petitions, the lawyer FAO.No.35 of 2025 and Conn. Cases 12 failed to prosecute the matter as the file was misplaced.

10. The respondents resisted the applications contending that the petitioners failed to place sufficient explanation for the delay in filing the applications.

11. The learned District Judge dismissed the applications on the ground that the petitioners failed to establish a reasonable explanation for the long delay in filing the applications to restore the petitions.

12. I have heard the learned counsel for the petitioners/appellants and the learned counsel for the respondents.

13. The learned counsel for the petitioners submitted that the petitioners are Tribals settled in the remote wild. It it is submitted that petitioners cannot be treated in par with the people who are residing in the main land. The learned counsel submitted that the petitioners usually come to the main land occasionally.

14. The learned counsel for the respondents submitted that the laches on the part of the petitioners FAO.No.35 of 2025 and Conn. Cases 13 cannot be condoned citing the reasons suggested by the learned counsel for the petitioners.

15. The learned counsel for the petitioners submitted that the petitioners are prepared to pay reasonable costs as a condition to restore the applications.

16. Having regard to the circumstances brought out, I feel that I.A.Nos.233 to 244 of 2015 can be restored to file on payment of Rs.25,000/- as costs to the respondents in the interest of justice.

17. Resultantly, The FAO and the Original Petitions are allowed as follows:- (1) Orders dated 29.02.2016 dismissing I.A.Nos.233 to 244 of 2015 stand set aside. (2) I.A.Nos.233 to 244 of 2015 stand allowed on payment of Rs.25,000/- as costs to the respondents within two months from the date of receipt of a certified copy of this judgment FAO.No.35 of 2025 and Conn. Cases 14 (3) I.A.Nos. 396 to 401 of 2012 stand restored.

18. If the petitioners failed to pay the costs as directed above, I.A.Nos. 233 to 244 of 2015 would stand dismissed.

19. The Trial Court shall consider I.A.Nos.396/2012 to 401/2012 afresh untrammelled by any of the observations made in this common judgment.

20. The parties shall appear before the Trial Court on

03.06.2025. The learned counsel for the petitioners shall pay the costs to the learned counsel for the respondents and submit a memo before the Trial Court. VPK Sd/- K.BABU JUDGE FAO.No.35 of 2025 and Conn. Cases 15 APPENDIX OF OP(C) 1828/2016 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 398 OF 2012 IN AS NO.32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 18-09-2012. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 399 OF 2012 IN AS NO.32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 18-09-2012. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 237 OF 2015 IN IA NO. 398 OF 2012 IN AS NO. 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 238 OF 2012 IA NO. 398 OF 2012 IN AS NO. 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16-06- 2015. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 239 OF 2012 IN IA NO. 399 OF 2012 IN AS NO. 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 240 OF 2012 IN IA NO. 399 OF 2012 IN AS NO. 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE ORDER DATED 29-02-2016 IN IA NO. 237 OF 2015 IN IA NO. 398 OF 2012 IN AS NO. 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 29-02-2016 IN IA NO. 238 OF 2015 IN IA NO. 398 OF FAO.No.35 of 2025 and Conn. Cases 16 EXHIBIT P9 EXHIBIT P10 2012 IN AS NO. 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA. TRUE COPY OF THE ORDER DATED 29-02-2016 IN IA NO. 239 OF 2015 IN IA NO. 399 OF 2012 IN AS NO. 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA. TRUE COPY OF THE ORDER DATED 29-02-2016 IN IA.NO. 240 OF 2015 IN IA NO. 399 OF 2012 IN AS NO. 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA. FAO.No.35 of 2025 and Conn. Cases 17 APPENDIX OF OP(C) 1829/2016 PETITIONER EXHIBITS EXT. P1 EXT. P2 EXT. P3 EXT. P4 EXT. P5 EXHIBIT P1- TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 400 OF 2012 IN AS NO. 32. OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 241 OF 2015 IN IA NO.400 OF 2012 IN AS NO. 32 OF 2005 ON THE FILED OF THE DISTRICT COURT, KALPETTA, WAYANAD DATED 16.06.2015. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO. 242 OF 2015 IN IA NO.400 OF 2012 IN AS NO. 32 OF 2005 ON THE FILED OF THE DISTRICT COURT, KALPETTA, WAYANAD DATED 16.06.2015. TRUE COPY OF THE ORDER DATED 29.2.2016 IN I. A NO. 241 OF 2015 IN IA NO. 400 OF 2012 IN AS NO. 32 OF 2015 IN IA NO. 400 OF 2012 IN AS NO. 32 OF 2015 ON THE FILE OF THE DISTRICT COURT, KALPETTA, WAYANAD. TRUE COPY OF THE ORDER DATED 29.2.2016 IN I. A NO. 242 OF 2015 IN IA NO. 400 OF 2012 IN AS NO. 32 OF 2015 IN IA NO. 400 OF 2012 IN AS NO. 32 OF 2015 ON THE FILE OF THE DISTRICT COURT, KALPETTA, WAYANAD. FAO.No.35 of 2025 and Conn. Cases 18 APPENDIX OF OP(C) 1830/2016 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT AND PETITIONER IN IA NO 401 OF 2012 IN AS NO 32 OF 2005 ON THE FILE OF THE DISTRICT COURT, KALPETTA DATED 18-09-2012 TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 243 OF 2015 IN IA NO 401 OF 2005 IN A.S NO 32 OF 2015 ON THE FILE OF THE DISTRICT COURT, KALPETTA DATED 18- 09-2012 TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 244 OF 2015 IN IA NO 401 OF 2005 IN A.S NO 32 OF 2015 ON THE FILE OF THE DISTRICT COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE ORDER DATED 29-02-2016 IN IA NO 243 OF 2015 IN IA NO 401 OF 2012 IN AS NO 32 OF 2015 ON THE FILE OF THE DISTRICT COURT, KALPETTA. TRUE COPY OF THE ORDER DATED 29-02-2016 IN IA NO 244 OF 2015 IN IA NO 401 OF 2012 IN AS NO 32 OF 2015 ON THE FILE OF THE DISTRICT COURT, KALPETTA. FAO.No.35 of 2025 and Conn. Cases 19 APPENDIX OF FAO 35/2025 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT AND PETITIONER IN IA NO 396 OF 2012 IN AS NO 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 18-09-2012. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 397 OF 2012 IN A.S NO 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 18-09-2012. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 234 OF 2005 IN IA NO 396 OF 2012 IN A.S NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015 TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 235 OF 2012 IN IA NO 396 OF 2012 IN A.S NO 32 OF 2005 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 236 OF 2015 IN IA NO 397 OF 2012 IN A.S NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE AFFIDAVIT AND PETITION IN IA NO 237 OF 2015 IN IA NO 397 OF 2012 IN A.S NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA DATED 16- 06-2015. TRUE COPY OF THE ORDER DATED 29-02-2016 IN I.A NO 235 OF 2015 IN IA NO 397 OF 2012 IN AS NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 29-02-2016 IN I.A NO 234 OF 2015 IN IA NO 397 OF FAO.No.35 of 2025 and Conn. Cases 20 EXHIBIT P9 EXHIBIT P10 2012 IN AS NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA. TRUE COPY OF THE ORDER DATED 29-02-2016 IN I.A NO 235 OF 2015 IN IA NO 397 OF 2012 IN AS NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA. TRUE COPY OF THE ORDER DATED 29-02-2016 IN I.A NO 236 OF 2015 IN IA NO 397 OF 2012 IN AS NO 32 OF 2015 ON THE FILE OF THE SESSIONS COURT, KALPETTA.