Raman v. Thazhemittath Kelu
Case brief
What is this about?
condonation of delay; restoration of applications dismissed for default; appeal dismissed for default after appellant's death; abatement; setting aside abatement; legal representatives; impleadment; amendment of cause title; file misplaced with counsel; tribal litigants residing in remote areas; laches; insufficient explanation; conditional restoration on payment of costs; Rs.25,000 costs; CPC; I.A.Nos.233-244/2015; I.A.Nos.396-401/2012; A.S.No.32/2005; O.S.No.102/1996; District Court Kalpetta Wayanad; Munsiff-Magistrate's Court Manandavadi; FAO 35/2025; O.P.(C) 1828, 1829, 1830/2016; High Court of Kerala; K. Babu J.; 26.03.2025; 2025:KER:25874; appearance on 03.06.2025; fresh consideration untrammelled by observations.
What did the court decide?
FAO No.35/2025 and O.P.(C) Nos.1828, 1829 & 1830/2016 allowed; orders dated 29.02.2016 dismissing I.A.Nos.233 to 244 of 2015 set aside; the said applications allowed on payment of Rs.25,000/- as costs to the respondents within two months from receipt of a certified copy of the judgment; I.A.Nos.396 to 401 of 2012 restored; on failure to pay the costs, I.A.Nos.233 to 244 of 2015 would stand dismissed; the Trial Court to consider I.A.Nos.396/2012 to 401/2012 afresh untrammelled by the judgment's observations; parties to appear before the Trial Court on 03.06.2025, costs to be paid to the respondents' counsel and a memo submitted before the Trial Court.