IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 CRP.No. 560 of 2009 ----------------------------- (THE ORDER IN I.A. NO.404/2009 IN OS.NO.35/2008 OF MUNSIFF COURT, VADAKARA DTD. 26/09/09) .................... PETITIONER/PETITIONER/2ND RESPONDENT/DEFENDANT: ------------------------------------------------------------------------------------- KANNOTH PATHU ALIAS FATHIMA HAJJUMMA, W/O.IBRAHIM,MINNARAM HOUSE,V.O.ROAD, VATAKARA AMSOM,DESOM,VATAKARA TALUK. BY ADV. MR.C.M.MOHAMMED IQUABAL. RESPONDENTS/PETITIONERS, R1 AND R3/PLAINTIFFS: -------------------------------------------------------------------------------- 1. PERINGADI VAYALIL SULEKHA,W/O.KUNHI ABU, PUTHUYOTTIL PARAMBIL HOUSE,VATAKARA AMSOM,DESOM, VADAKARA TALUK-KOZHIKODE DISTRICT. 2. AHAMMAD SADIQAUE,S/O.KUNHI ABU, PUTHUYOTTIL PARAMBIL HOUSE,VATAKARA AMSOM,DESOM, VADAKARA TALUK-KOZHIKODE DISTRICT. 3. HAJIRA,D/O.KUNHI ABU, PUTHUYOTTIL PARAMBIL HOUSE,VATAKARA AMSOM,DESOM, VADAKARA TALUK-KOZHIKODE DISTRICT. 4. BUSHARA,D/O.KUNHI ABU, AYYACHALIL HOUSE,POST PARAMBIL BAZAR, KURUVATTUR PANCHAYATH,KOZHIKODE TALUK, KOZHIKODE DISTRICT. 5. RAHMATH,D/O.KUNHI ABU, PUTHUYOTTIL PARAMBIL HOUSE,VATAKARA AMSOM,DESOM, VADAKARA TALUK-KOZHIKODE DISTRICT. C.R.P. NO. 560/2009: 6. YUNUS,S/O.KUNHI ABU,(MINOR) REPRESENTED BY GUARDIAN MOTHER, PERINGADI VAYALIL SULEKHA,W/O.KUNHI ABU, PUTHUYOTTIL PARAMBIL HOUSE,VATAKARA AMSOM, DESOM,VADAKARA TALUK-KOZHIKODE DISTRICT. 7. SAIFUL HINA,S/O.KUNHI ABU,(MINOR), REPRESENTED GUARDIAN MOTHER,PERINGADI VAYALIL SULEKHA,W/O.KUNHI ABU,PUTHUYOTTIL PARAMBIL HOUSE, VATAKARA AMSOM,DESOM,VADAKARA TALUK- KOZHIKODE DISTRICT. 8. KOROTH ANWAR, MINNARAM HOUSE,V.O.ROAD, VATAKARA AMSOM,DESOM,VADAKARA. 9. VADAKARA MUNICIPALITY, REPRESENTED BY MUNICIPAL SECRETARY, VATAKARA MUNICIPALITY,VATAKARA. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- C.R.P.No.560 OF 2009 -------------------------- Dated this the 19th day of October 2009 ------------------------------------- ORDER Revision is filed against the order passed by the learned Munsiff, Vatakara allowing an application moved by the plaintiffs in O.S No.35 of 2008 for restoring their suit which was dismissed for default. First defendant in the above suit is the petitioner. He challenges the order passed by the learned Munsiff allowing restoration of the suit. 2. I heard the learned counsel for the petitioner. Objection canvassed by the counsel is that there are several plaintiffs in the suit and the inconvenience of one of the plaintiffs for appearance before the court when it was posted for trial in the special list was the cause shown for C.R.P.No.560 OF 2009 Page numbers restoring the suit dismissed for default. Cause pleaded was also not established by sufficient cause, submits the counsel. Perusing the order passed by the learned Munsiff, I find that petition for restoration moved by the plaintiffs had been allowed in exercise of the judicial discretion vested with the court after taking note of the facts and circumstances involved. Further more, it is also noticed that the restoration of the suit was allowed subject to payment of Rs.1,000/- (Rupees one thousand only) to the first defendant to compensate the injury which is likely to be suffered by him in restoring the suit. I find no impropriety or illegality in the order passed by the court below. Revision lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv