IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 CRP.No. 2553 of 1999(E) ----------------------- AGAINST THE ORDER DATED 31/08/1999 IN IA 2415/1996 IN CMA.40/1995 of SUB COURT, TIRUR .................... PETITIONER(S): APPELLANT:PLAINTIFF: ------------------------------------------------------------ *VAKAYIL SANKARAN, AGED 70 YEARS, S/O.THAMI, A.R. NAGAR AMSOM, PUKAYOOR DESOM, TIRUR TALUK.( D I E D)LR'S IMPLEADED: *THE SOLE REVISION PETITIONER DIED AND: P2: SUKUMARAN, AGED 40 YEAS, S/O.VAKAYIL SANKARAN, A.R. NAGAR AMSOM, PUKAYOOR AMSOM, TIRUR TALUK. P3: VIJAYALAKSHMI, AGED 48 YEARS, D/O.VAKAYIL SANKARAN, A.R.NAGAR AMSOM, PUKAYOOR AMSOM, TIRUR TALUK. P4: MANI, AGED 55 YEARS, D/O.VAKAYIL SANKARAN, A.R.NAGAR AMSOM, PUKAYOOR AMSOM, TIRUR TALUK. P5: SAILAJA, AGED 36 YEARS, D/O.VAKAYIL SANKARAN, A.R. NAGAR AMSOM, PUKAYOOR AMSOM, TIRUR TALUK. P6: SAVITHRI, AGED 46 YEARS, D/O.VAKAYIL SANKARAN, A.R.NAGAR AMSOM, PUKAYOOR AMSOM, TIRUR TALUK. *ADDL.P2 TO P6 ARE IMPLEADED AS HIS LEGAL HEIRS VIDE ORDER DTD. 9/06/09 IN I.A.1534/07. BY ADV. MR.P.CHANDRASEKHAR Kss ..2/- ....2...... CRP.NO.2553/1999 RESPONDENT(S): RESPONDENTS:DEFENDANTS: ------------------------------------------------------------------------- 1. ANDI, S/O.ATHOLI CHAKKU, AGED 50 YEARS, (PO) A.R. NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. AYYAPPAN, S/O.ANTHOLI CHAKKU, AGED 48 YEARS, (PO) A.R. NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 3. ACHAKUTTY, D/O.ATHOLI CHAKKU, AGED 45 YERS, (PO) A.R. NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 4. PARAMESWARAN, S/O.ATHOLI CHAKKU, AGED 43 YEARS, (PO) A.R. NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 5. CHANDRAN, S/O. ATHOLI CHAKKU, AGED 42 YEARS, (PO) A.R. NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 6. K.BALAN, S/O.ATHOLI CHAKKU, AGED 50 YEARS, (PO) A.R.NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 7. DAKSHAYANI, W/O.K.BALAN, AGED 43 YEARS, (PO) A.R. NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. R3 & R7 BY ADV. MR.K.K.MOHAMED RAVUF THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.2553 OF 1999 (E) ----------------------------------- Dated this the 17th day of June, 2009 O R D E R The revision is filed against an order dismissing a C.M.Appeal for default. The impugned order was passed on 31.8.1999. During the pendency of this revision, the original petitioner passed away and his legal heirs were impleaded as additional petitioners 2 to 6. 2. I heard the learned counsel for the petitioner. It is submitted that the suit O.S.No.229/1989 was filed before the Munsiff Court, Tirur for a declaration of title and injunction, and on account of the failure of the plaintiff to take steps at the appropriate time, the suit was dismissed for default. Against the order of dismissal, the C.M.Appeal 40/1995 was filed before the Sub Court, Tirur. That appeal was also later dismissed for default for the reason of not taking steps in time by the appellant/plaintiff. An application moved for restoring CRP.2553/99 2 the appeal to file, after consideration on merits, was dismissed by the learned Sub Judge under the impugned order. That order is sought to be revised by the present proceedings of revision. The order impugned, passed by the learned Sub Judge, prima facie indicate that there was deliberate laches and culpable negligence on the part of the appellant/plaintiff in prosecuting the appeal, and it resulted in its dismissal for default. I do not find any impropriety or illegality in the order passed by the learned Sub Judge. Revision is devoid of any merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- C.R.P.NO.2553 OF 1999 (E) --------------------------------------------------------- O R D E R --------------------------------------------------------- 17th June, 2009