IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 FAO.No. 148 of 2010() --------------------- AGAINST THE ORDER IN I.A.NO.1907/2009 IN AS.12/2008 of SUB COURT,KOCHI .................... APPELLANTS/PETITIONERS IN THE I.A/APPELLANTS/PLAINTIFF: ----------------------------------------------------------------------- 1. ASOKAN, S/O.BHARATHAN, 1/1388, SOUTH THAMARAPARAMBU, FORT KOCHI, KOCHI. 2. XAVIOR, S/O.PAUL, 1/1389, SOUTH THAMARAPARAMBU, FORT KOCHI, KOCHI. 3. LEELA VISWANATHAN, S/O.PAUL, 1/1388, SOUTH THAMARAPARAMBU, FORT KOCHI, KOCHI. 4. DEVAKY, W/O.GANGADHARAN, 1/1388, SOUTH THAMARAPARAMBU, FORT KOCHI, KOCHI. 5. KAMALAKSHY, W/O.LATE KRISHNAN, 1/1388, SOUTH THAMARAPARAMBU, FORT KOCHI, KOCHI. BY ADV. MR.M.R.SUDHEENDRAN RESPONDENTS/RESPONDENTS IN I.A/RESPONDENTS/DEFENDANTS: --------------------------------------------------------------------------- 1. SREEMAD JANARDHANA DEVASWOM, AMARAVATHI, FORT KOCHI, REPRESENTED BY ITS MANAGING TRUSTEE T.VIDYASAGAR, S/O.LATE TARANATH SETH, RESIDING AT DRUVA SHETTY LANE, AMARAVATHI, KOCHI-1. 2. R.S.ASOK SETH, S/O.LATE RATNAKAR SETH, DRUVA SHETTY LANE, AMARAVATHI, KOCHI, 1(TRUSTEE, SREEMAD JANARDANA DEVASWOM). ADV. MR.G.SREENIVASA PRABHU FOR R1 MR.S.B.PREMACHANDRA PRABHU FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ F.A.O.No.148 Of 2010 ---------------------- Dated this the 25th day of June, 2010. J U D G M E N T Appellants are the petitioners in I.A.No.1907 of 2009 on the file of the Sub Court, Kochi. The said petition was filed for readmission of the appeal, A.S.No.12 of 2008. The appeal was posted to 12.11.2009 for hearing. Learned counsel for the appellant submitted that the counsel appearing for the appellant in A.S.No.12 of 2008 was not well and therefore an adjournment was sought by entrusting another counsel but, the court below dismissed the appeal on the ground that appellants are not ready. 2. I heard the counsel on both sides. 3. In the interest of justice, I am of the view that a chance shall be given to the appellants so that the matter can be decided once for all on merits. 4. In the result, appeal is allowed on condition that the appellant pays Rs.1,000/- as cost to the contesting respondent within a period of 15 days from today, failing which the appeal F.A.O.No.148 Of 2010 ::2:: shall stand dismissed. The lower appellate court is directed to dispose of the appeal within a period of three months from the date of receipt of a copy of this judgment. There will be no order as to costs. The order in I.A.No.1907 of 2009 is set aside and A.S.No.12 of 2008 is restored to file. HARUN-UL-RASHID, Judge. bkn/-