IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 FAO.No. 221 of 2007() ----------------------------- AGAINST THE ORDER DATED 08/06/2007 IN IA.27/2007 IN LAR.161/2003 of SUB COURT, HOSDRUG .................... APPELLANT/ PETITIONER: -------------------------------------- NALUPURAPATTIL JAMEELA, W/O.E.K.ABDUL RAZAK, JAMEELA MANZIL, PADNEKKAD, KANHANGAD VILLAGE, HOSDURG TALUK. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/ RESPONDENT: -------------------------------------------- THE SPECIAL TAHSILDAR, L.A., KASARAGOD. BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ F.A.O.No.221 of 2007 ---------------------------------------------- Dated, this the 22nd day of September, 2009 J U D G M E N T K.M.Joseph, J. This appeal is directed against the order passed in I.A.No.27/2007 in L.A.R.No.161/2003 in an application filed under Order 9 Rule 9 of Code of Civil Procedure to set aside the order dismissing the L.A.R. for the default of the appellant. 2. We heard the learned counsel for the appellant and learned Government Pleader who appears on behalf of the respondent. 3. Learned Government Pleader points out that originally the case was removed from the list on 9.9.2005. It was again listed to 7.1.2006 and the same was dismissed for default of the appellant. Appellant filed application for restoration and it was again listed on 5.10.2006. The appellant filed application to remove the case from the list and it was again listed to 7.12.2006 on which date on account FAO 221/2007 -2- of the default of the appellant it was again dismissed for default. It is pointed out by the learned Government Pleader that there is no medical certificate produced. 4. Learned counsel for the appellant would contend that a liberal view may be taken. Taking a lenient view we allow the appeal on condition that the appellant remits a sum of Rs.5,000/- (Rupees five thousand only) as cost to the learned Government Pleader in the High Court and produce a memo to that effect within a period of one month from today. Subject to the said condition I.A.No.27/2007 stands allowed, the impugned order is set aside and the L.A.R. stands restored to file. If the appellant does not comply with the above condition within the prescribed time limit, the appeal will stand dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS Appellant has paid Rs.5,000/- (Rupees five thousand only) towards cost to the Government Pleader within the stipulated time in compliance of the direction contained in the judgment dated 22/09/2009 in FAO 221/2007 vide memo cf 6944/2007 dated 22/10/2009. Sd/- Registrar (Judicial)