IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 RP.No. 1022 of 2008 ---------------------------- (AGAINST THE JUDGEMENT IN FAO.25/2005 DATED 22/07/2005) .................... REVIEW PETITIONERS/ APPELLANTS: ------------------------------------------------------ 1. K.JANAKI, D/O.MARIYADAN NARAYANAN, 58 YEARS, PUNATHIL HOUSE, THALASSERY TALUK, KOOTHUPARAMBA AMSOM, THRIKKANNAPURAM DESOM, KANNUR DISTRICT. 2. DR.K.MADHUSOODANAN, S/O.KARIYADAM NARAYANAN, MUDRA HOUSE, P.O.VELIMUKKU. 3. K.SREENIVASAN, S/O.KARIYADAN NARAYANAN, PUNATHIL HOUSE, THRIKKANNAPURAM. 4. K.MANOHARAN, S/O.KARIYADAN NARAYANAN, PUNATHIL HOUSE, THRIKKANNAPURAM. 5. K.SHYLAJA, W/O.PADAMBATH VIJAYAKUMAR, 'SHYMAS', VYKUNDAM ROAD, BALUSSERI. 6. K.SUNIL KUMAR, S/O.KARIYADAN NARAYANAN, PUNATHIL HOUSE, THRIKANNAPURAM. BY ADV. SRI.H.BADARUDDIN, ADV. SRI.C.A.JOSEPH. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. P.RATNAKUMARI, W/O.K.SURENDRAN, SOUPARNIKA, GOKULAM STREET P.O. KOOTHUPARAMBA. R.P. NO. 1022/2008: 2. S.K.RAJU, AGED 20, S/O.K.SURENDRAN, SOUPARNIKA, GOKULAM STREET P.O. KOOTHUPARAMBA. 3. S.K.RAJITHA, AGED 19, D/O.K.SURENDRAN, SOUPARNIKA, GOKULAM STREET P.O. KOOTHUPARAMBA. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- R.P.No.1022 OF 2008 in F.A.O.No.25 of 2005 and C.M.Appl.No.1833 of 2008 ------------------------------------- Dated 21st October, 2008 ORDER Koshy,J . O.S.No.259 of 2001 was dismissed for default. The suit was for partition. When the case was posted for trial, the plaintiffs were not present and hence the suit was dismissed for default. A petition for restoring the suit was filed stating that the first plaintiff was laid up and the other plaintiffs were not available in station. There were six plaintiffs. At least one of the plaintiffs could have been present and adduced evidence. No evidence was adduced to show that any of the plaintiffs were out of station. Hence, the petition for restoring the suit was also dismissed. Against that order, an F.A.O was filed before this court. A Division Bench of this court has taken a lenient view and directed that if Rs.1,000/= is paid to the respondents within one month from the date of the judgment, the suit shall be restored. Operative portion of the judgment in the F.A.O reads as follows: “In the result, the appeal is allowed on condition that the appellants pay an amount of Rs.1,000/= to the respondents within one month from today. On payment of cost, this appeal will stand allowed and the R.P.1022/2008 in FAO.25/2005 2 application filed in the trial court for restoration of the suit will be allowed and the suit will be tried and disposed of on merit. If cost is not paid, the appeal will stand dismissed.” The appellants did not pay the amount within the stipulated time. The allegation was that the amount was sent by money order on 22.8.2005 and the amount tendered was not accepted by the respondents. The Sub Judge refused to restore the suit on the ground that the amount was tendered after the time limit prescribed by this court. It is stated that an appeal was filed against that order. This court dismissed the appeal with liberty to the petitioners to file a petition to review the judgment in FAO.25/2005 by order dated 17.8.2006 and this review petition was filed to review the judgment in FAO.25/2005 with a petition to condone the delay of 1071 days in filing the review petition. So, even after 17.8.2006, the date of the order of this court directing the petitioners to file a review petition if they want, there is further delay of more than two years in filing the review petition and we are not satisfied that there are sufficient reasons to condone the delay in filing the review petition. Hence, the delay petition is dismissed. Consequently, the review petition is also dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks