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2022 Supreme(Online)(KER) 33759

HIGH COURT OF KERALA
C.S. DIAS, J
SADASIVAN
– Appellant
Versus

OMANA – Respondent


Advocates:
R.MOHANABABU SRI.M.AJITH (KARICODE) SRI.M.R.SUDHEENDRAN SMT.UTHARA A.S

ORDER

Dated this the 03rd day of June, 2022 The revision petition is filed to set aside the judgment in CMA No.10/2017 and the order in I.A.No.457/2017 in CMA No.10/2017 of the Court of the Subordinate Judge, Karunagappally.

2. The revision petitioners' case in the revision petition, shorn of exhaustive pleadings, is that; they are the plaintiffs in O.S.No.130 of 1997 of the Court of the Munsiff, Sasthamkotta, which is filed for fixation of boundary and for other consequential reliefs. The suit was once decreed on 30.01.2006. The judgment and decree were set aside by the Court of the Subordinate Judge, Kollam, in A.S.No.15 of 2010 and the matter remanded back to the trial court for fresh consideration. After remand, the case was listed for trial to 26.05.2015. However, the petitioners could not appear before the trial court and the suit was dismissed. I.A. 744 of 2015 was filed to restore the suit. As the 1st plaintiff was hospitalised, he could not appear. Hence, the application was also dismissed. Challenging the said orders, the petitioners filed CMA No.10 of 2017 before the Court of Subordinate Judge, Karunagappally, with I.A.No.457/2017, to condone the delay of 640 days in fili

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