IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 FAO.No. 258 of 2010 ---------------------------- I.A.1517/2009 IN OS.955/2008 of PRL.SUB COURT,THRISSUR .................... APPELANT (S):PETITIONERS 2 TO 4 :L.R.'S OF 1ST DEFENDANT: ----------------------------------------------------------------------------------------- 1. V.M.MEERA BAI, W/O. K.C.BALAN, HOUSE NO.257, WARD NO.2, KARAYIL HOUSE, PERINJANAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. MANIKANDAN, S/O. K.C.BALAN, HOUSE NO.257, WARD NO.2, KARAYIL HOUSE, PERINJANAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 3. MURALI MOHAN, S/O. K.C.BALAN, HOUSE NO.257, WARD NO.2, KARAYIL HOUSE, PERINJANAM VILAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): RESPONDENT:PLAINTIFF: --------------------------------------------------------------- SEENA.K.P., W/O. VADAKATH MANNUMMAL LATE SANTHOSH, NAMBAZHIKKADU DSOM, KANDANASSERY VILLAGE THALAPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 11/11/2011, ALONG WITH FAO NO. 259 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- F.A.O.No.258 of 2010 & F.A.O.No.259 of 2010 ----------------------------------------- Dated, this the 11th day of November, 2011 J U D G M E N T K.M.Joseph, J. F.A.O 258/2010 is filed against the order in I.A.1517/2009 in O.S.955/2008 on the file of the Principal Sub Court, Thrissur and F.A.O.259/2010 is filed against the order in I.A.1518/2009 in O.S.941/2008 on the file of the very same Court. 2. Applications to set aside the exparte decree filed by the appellants along with their late predecessor-in-interest who was actually the defendant in the suit has been dismissed. Hence, these appeals. We heard the learned counsel for the appellants and learned counsel for the respondent/plaintiff/decree holder. We have perused the impugned orders. The impugned orders read as under: IA 1517/2009: “Heard. Ground stated is that warrant of arrest was pending against him. He was for evading only. It seen that he is Law broken, he cannot claims any relief from any court of law. IA dismissed with cost.” FAO 258, 259/2010 -2- IA 1518/2009: “Heard. Ground for non appearance is that warrant of arrest was pending this he was evading. He was evading the arrest warrant issued by a court of law. Law broken cannot claim any benefit from any court of law. Hence ground is unevictable. IA is dismissed with cost to respondent.” 3. In fact, it is also stated that the matter has been settled. We are of the view that the said orders cannot be sustained. Accordingly, we allow the appeals, set aside the the exparte decrees and the applications filed by the appellants will stand allowed. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS