IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 FAO.No. 89 of 2010() -------------------- AGAINST THE ORDER DATED 26/10/2006 IN IA. 679 /2006 IN AS.70/1996 of SUB COURT, HOSDRUG .................... APPELLANT/PETITIONER ---------------------------------------- V.AMMALU,W/O.CHANDRASEKHARAN,AGED 60 YEARS,RESIDING AT KODOTH VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS BY ADV. P.K. PRIYA APPEARED RESPONDENT(S): RESPONDENT ---------------------------------- THE SECRETARY, THE KASARAGOD PRIMARY CO-OP.AGRICULTURAL DEVELOPMENT BANK LTD. ADV. SRI.T.SETHUMADHAVAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O. NO. 89 OF 2010 = = = = = = = = = = = = = = = Dated this the 31st day of March, 2010. J U D G M E N T This appeal is preferred against the order passed by the Sub Judge, Hosdrug in I.A. 679/06 in A.S.70/96. I had the opportunity to deal with the FAO relating to A.S.14/97 as FAO 29/07. This A.S.14/97 and the present appeal A.S.70/96 all arises out of a common judgment. When the appeals came up for hearing as the appellant did not prosecute it, it was dismissed for default. Against the dismissal in A.S.14/97 an application for restoration was filed as I.A.684/06 which was dismissed by the Court below. In the appeal this Court granted an opportunity directing the Subordinate Judge to restore the appeal and dispose it of in accordance with law. 2. Here the subject matter is A.S.70/96. Since I had already shown indulgence to give an opportunity in A.S.14/97 unless the same thing is shown here also there will be technical difficulty to proceed with the other case. So F.A.O. 89 OF 2010 -:2:- taking into consideration the broad principles of natural justice and the fact that when substantial justice is pitted against technicality it must be the substantial justice that should prevail. Accepting those principles I am inclined to grant an opportunity and thereby allow the application I.A.679/06 and direct the Subordinate Judge, Hosdrug to restore A.S.70/96 to file and then dispose it of along with A.S.14/97. I hope and wish that the appellant at least will prosecute the matter hereinafter diligently and if no diligence is shown, then further leniency need not be shown. The matter may be heard and disposed of within a period of three months from the date of appearance of the parties. The parties are directed to appear before the Court below on 18.5.2010. The FAO is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-