IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JULY, 2008 / 20TH ASHADHA, 1930 FAO.No. 184 of 2006 (O.S.NO..871/2002 of PRL.SUB COURT,THRISSUR) .................... APPELLANT/PETITIONER/PLAINTIFF: ----------------------------------------------- DENA BANK, THRISSUR BRANCH, REP. BY ITS MANAGER, SAKTHAN THAMPURAN NAGAR, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR). RESPONDENTS/RESPONDENTS/DEFENDANTS: --------------------------------------------------------- 1. K.K.SULAIMAN, KARAKAYIL HOUSE, PERUMANNU DESOM, ERANELLUR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. 2. AMINA SULAIMAN, W/O. K.K.SULAIMAN, KARAKAYIL HOUSE, PERUMANNU DESOM, ERANELLUR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.P.DANDAPANI (SR.) FOR R1&2 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & V.K.MOHANAN, JJ. --------------------------------------------- F.A.O.No. 184 of 2006 --------------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T Koshy,J: The appellant, Bank had filed a suit for recovery of money. In the said suit, the defendants appeared. There was a change in the court hall of the Principal Sub Court. Because of that, some confusion arose and by that time, the suit was dismissed by the court below for non- representation. On the next day itself, an I.A. was filed seeking restoration of the suit. But, the same was dismissed as application was filed by the Advocate. The writ petition filed against dismissal of I.A. was dismissed as filing of appeal is the remedy and hence this appeal was filed. It is contended by the petitioner that the Bank is also negligent. The counsel filed an affidavit stating that due to the mistake of the counsel, the delay had happened. 2. In these circumstances, we are of the view that the matter should be heard on merit. Therefore, we set aside the impugned order, restore the suit, on condition F.A.O. NO.184 OF 2006 :-2-: that the appellant pays an amount of Rs.5,000/- as costs to the respondents within three weeks from today. It is submitted that the matter can be settled. It is for the trial court to send the matter for mediation or settlement. If the costs of Rs.5000/- is paid to the respondents or their counsel and a memo is filed to that effect, the suit shall be restored to file. Parties are directed to appear before the trial court on 18.08.2008. The appeal is disposed of as above. All interlocutory applications do not survive and are closed. Status quo will continue till further orders are passed by the civil court. J.B.KOSHY, Judge V.K.MOHANAN, Judge MBS/ F.A.O. NO.184 OF 2006 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T F.A.O. NO.184 OF 2006 :-4-: DATED:17-6-2008 F.A.O. NO.184 OF 2006 :-5-: