This miscellaneous jurisdiction case concerned the restoration of an original petition dismissed on 16.3.2017 for non-prosecution. The court allowed the application, restoring the original petition to be heard as per the roster.
The miscellaneous jurisdiction case is allowed. The original petitioner is restored to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.SOMARAJAN
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018/18TH ASWINA, 1940
MJC.No.190 of 2017 IN OP(C) NO.2012/2013
AGAINST THE JUDGMENT DATED 16.3.2017 IN OP(C) NO.2012/2013 of HIGH COURT OF KERALA
PETITIONER/PETITIONER:
KRISHNAN NAIR, AGED 89 YEARS, S/O.KALYANI AMMA, NELLIYULLAPARAMBU, KUTTYADI AMSOM, OORATH DESOM, VADAKARA TALUK.
BY ADVS. M/S.A.BALAGOPALAN A.RAJAGOPALAN M.N.MANMADAN
RESPONDENTS/RESPONDENTS:
1 NARIKKOTTUMCHALIL KUNJIRAMAN NAIR, AGED 63 YEARS, S/O.KELU NAIR, THEKKAN MANALIL, VANCHIKKUNNU AMSOM DESOM, KANNUR.
MJC.NO.190/2017 IN OP(C) NO.2012/2013
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THIS MISCELLANEOUS JURISDICTION CASE HAVING BEEN FINALLY HEARD ON 10.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MJC.NO.190/2017 IN OP(C) NO.2012/2013
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O R D E R
This is an application for restoration of the original petition which was dismissed for nonprosecution on 16.3.2017. It was submitted by
the learned counsel for the petitioner that he was engaged in some other court in connection with some other case and could not engage another Advocate at the time when the matter was taken up for hearing. It is also submitted that there was
no willful laches in proceeding with the petition.
No written objection was submitted as against the application. Hence, the MJC is allowed. The original petition is restored to file. Post the Original Petition for hearing as per roster.
SD/
P.SOMARAJAN
JUDGE
ahz/
1 issue framed by the court
Whether to allow restoration of the original petition dismissed for non-prosecution.
Krishnan Nair
Narik Ikkottumchalil Kunjiraman Nair
M. Kunjiraman Nair
Chalapparambu Gopalan Nair
Thundi Jiyil Kalyani Amma
Choyikhandiyil Balakrishnan Nair
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
