IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 F.A.O.No.300 of 2009 ----------------------------------- AS.20/2001 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT/PLAINTIFF: --------------------------------------- P.SOMAN PILLAI, S/O.PACHAN PILLAI RESIDING AT BABY NIVAS, KOTTAPPURAM, MATHIRA, KADAKKAL VILLAGE, THIRUVANANTHAPRUAM DISTRICT. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA SRI.K.M.ALEXANDER RESPONDENT / DEFENDANT: ---------------------------------------------- V.JAYADEVAN, S/O.LATE VASU RESIDING AT V.M.VILLA, HOUSE NO.565/IV PONGANADU KILIMANOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT. ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & M.L.JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O.No.300 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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