IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 CRP.No. 1069 of 2006() ---------------------- CMA.12/2006 of ADDL. DISTRICT COURT-II, KOZHIKODE OS.157/2003 of PRL.M.C.KOZHIKODE-I (IA.4218/2005) .................... REVN. PETITIONER(S): APPELLANTS/DEFENDANTS 1 TO 5 AND 7 TO 11. -------------------------------------------------------------- 1. KOKKILOTTUMMAL BHAGAVATHI KSHETHRAM TRUST REPRESENTED BY ITS TRUSTEE KADUNGONKANDY BALAN, AGED 38 YEARS, S/O.CHOYI, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. 2. KADUNGONKANDY RAJAN, AGED 42 YEARS, S/O.RARUKUTTY, NANMANDA AMSOM,DESOM, KOZHIKODE TALUK. 3. KADUNGONKANDY GOPALAN, AGED 74 YEARS, S/O.KANARAN, NANMANDA AMSOM,DESOM, KOZHIKODE TALUK. 4. KADUNGONKANDY ASHOKAN, AGED 45 YEARS, S/O.GOPALAN,NANMANDA AMSOM,DESOM, KOZHIKODE TALUK. 5. KOKKILOTTUMMAL VELAYUDHAN, AGED 60 YEARS, S/O.KANARAN, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. 6. PARAYIL MEETHAL SURESH, AGED 38 YEARS, S/O.RAMANKUTTY, KOTTULI AMSOM, DESOM, KOZHIKODE TALUK. 7. PONKERI KALYANI, AGED 73 YEARS, W/O.KORAPPAN, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. 8. PILLACHERI NARAYANI, AGED 59 YEARS, D/O.KORAPPAN, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. 9. PULLANGOTTUMMAL SHAJI, AGED 31 YEARS, S/O.KORAPPAN, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. 10. VELUTHEDATH KANARAKUTTY, AGED 53 YEARS, S/O.CHANDU, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. MR.T.SETHUMADHAVAN MR.PUSHPARAJAN KODOTH RESPONDENT(S): RESPONDENTS/PLAINTIFF & 6TH DEFENDANT. ----------------------------------------------------- 1. KOKKILOTTUMMAL VALSAN, AGED 41 YEARS, S/O.GOPALAN, RESIDING IN NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. 2. VENGALAKANDY KRISHNAN, AGED 53 YEARS, S/O.CHOYI, NANMANDA AMSOM, DESOM, KOZHIKODE TALUK. ADV. MR.T.A.SHAJI FOR R.1 SMT.T.V.NEEMA FOR R.1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N. RAVINDRAN, J. ```````````````````````````````````````````````````` C.R.P. No. 1069 OF 2006 F ```````````````````````````````````````````````````` Dated this the 13th day of February, 2009 O R D E R Heard Sri. K. Jayesh Mohankumar, learned counsel appearing for the revision petitioner and Sri.T.A.Shaji, learned counsel appearing for the first respondent. 2. The petitioners are defendants 1 to 5 and 7 to 11 in O.S. No.157 of 2003 on the file of the Court of the Principal Munsiff of Kozhikode. The first respondent is the plaintiff and the second respondent is the sixth defendant therein. In the suit, the first respondent had prayed for setting aside the Trust Deed constituting the Kokkilottummal Bhagavathy Kshethram Trust. The Kokkilottummal Bhagavathy Kshethram Trust, represented by its Trustee had filed O.S.No.525 of 2002 in the Court of the Principal Munsiff of Kozhikode seeking reliefs regarding the administration of the trust and its property. O.S. No.525 of 2002 was dismissed for default and O.S.No.157 of 2003 was decreed exparte. The plaintiff in O.S.No.525 of 2002 moved for setting aside the order dismissing the suit for default. That application CRP.1069/2006 : 2 : was dismissed. It was unsuccessfully challenged in appeal before the District Court also. Thereupon, the plaintiff in O.S.No.525 of 2002 filed C.R.P.No.242 of 2006 in this Court. By order passed on 31.8.2006, a learned Single Judge of this Court allowed C.R.P.No.242 of 2006 on terms and directed restoration of O.S. No.525 of 2002 to file. 3. The petitioners herein, who are the defendants in O.S.No.157 of 2003, applied to have the exparte decree set aside. That application was dismissed. The appeal filed by them before the District Court was also dismissed. In this Civil Revision Petition, the petitioners challenge the order passed by the District Court and pray for setting aside the exparte decree passed in O.S.No.157 of 2003. 4. In view of the fact that this Court has restored the connected suit to file by order passed on 31.8.2006 in C.R.P.No.242 of 2006, I am of the opinion that O.S.No.157 of 2003 from which this C.R.P. arises should also be tried and disposed of on the merits. The suit relates to the administration of a trust. By the exparte decree, which is sought to be set aside, CRP.1069/2006 : 3 : the Trust Deed has been set aside. In view of the fact that the suit filed by the Trust regarding the administration of the trust and its properties has been restored to file by this Court, though on terms, I am inclined to allow this C.R.P. and to set aside the impugned order. 5. I accordingly direct that in the event of the petitioners depositing in the Court of the Principal Munsiff of Kozhikode, the sum of Rs.1,000/- within one month from today, for payment to the first respondent / plaintiff as costs, the order passed by the Court of the District Judge of Kozhikode in C.M.A.No.12 of 2006 shall stand set aside, I.A.No.4218 of 2005 in O.S.No.157 of 2003 shall stand allowed and the exparte decree passed in O.S.No.157 of 2003 shall stand set aside. The trial court shall endeavour to dispose of the suit expeditiously. The Civil Revision Petition is allowed as above. Sd/- (P.N.RAVINDRAN, JUDGE) aks