IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 FAO.No. 352 of 2010() --------------------- I.A.NO.2413/09 IN AS.70/2005 of II ADDL. DISTRICT COURT, KOLLAM .................... APPELLANT/PETITIONER/1ST APPELLANT: -------------------- BALARAMAN, PRESIDENT M/S.VISHWA HINDU PARISHATH, KERALA BRANCH, PAVAKULAM TEMPLE COMPLEX, KALOOR, COCHIN. BY ADV. SRI.AJAYA KUMAR. G RESPONDENTS/RESPONDENTS: --------------- 1. T.K.RADHAKRISHNAN, AMBADIYIL VEEDU, ELAMPALOOR, PERUMPUZHA, KOLLAM. 2. BABU, THENKOTTU VEEDU, ELAMPALLOOR, KOLLAM. 3. MAHARAJAN, AMBINADU VEEDU, KULASEKHARAPURAM. 4. N.P.KARUNAKARAN PILLAI, VAROOR VEEDU, PERUMPUZHA, ELAMPALLOOR, KOLLAM. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- F.A.O.No.352 OF 2010 ------------------------------------------- Dated this the 8th day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. We have heard learned counsel for the appellant. Having regard to the nature of the order being issued hereunder, we dispense with notice to the respondents, preserving their right to seek re-hearing of the matter, if they feel aggrieved. A first appeal was pending before the court below from 2005. It appears that it was dismissed for default on account of non-appearance of the appellant and counsel on a day in 2009. The appellant filed an application for re-admission of that appeal. When that application was taken up, it was seen that there was a delay of one day in filing that application. We are of the view that in the fitness of things, the appellant should have been granted a short time to file an application seeking condonation of FAO.352/10 2 delay of that one day, if justifiable. Learned counsel for the appellant says that I.A.308/10 was filed even on the date on which the appeal had come up before the learned Judge along with application for re-admission. Under such circumstances, we set aside the impugned order and request the court below to take up I.A.2413/09 and I.A.308/10 and pass appropriate orders. The appeal ordered accordingly. Appellant to appear before the court below and produce certified copy of this judgment within two weeks from today. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.08/11.