1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 30^TH DAY OF OCTOBER 2024/8TH KARTHIKA, 1946 MJC NO. 30 OF 2024 AGAINST THE JUDGMENT DATED 16.01.2024 IN RSA NO.522 OF 2023 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS/PLAINTIFF1,2 & 4:

1 SHAJI JAYARAJAN AGED 49 YEARS S/O. LATE JAYARAJAN, “SILVER WAVES”

PAYYAMBALAM, KANNUR DISTRICT, PIN - 670001 2 NALINI W/O. LATE JAYARAJAN, “SILVER WAVES”, PAYYAMBALAM, KANNUR DISTRICT, PIN - 670001

3 SURAJA SOMAN W/O. SOMAN, “MOORKKOTH HOUSE”

PAYYAMBALAM,KANNUR DISTRICT, PIN - 670001 BY ADV ATUL SOHAN RESPONDENTS / APPELLANT NO.1 & RESPONDENTS/DEFENDANT S :

1 COMMANDANT STATION CELL, DSC CENTRE, STATION HEAD QUARTERS, 2 SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF DEFENSE, DEFENSE, DEPARTMENT OF DEFENSE, NEW DELHI, PIN - 110011

3 SHYLAJA D/O/ LATE DEVAKI, ”MOORKKOTH HOUSE”, PAYYAMBALAM, KANNUR DSTRICT., PIN - 670001

4 BABY SUDHA D/O. LATE DEVAKI, “ITTIYIL HOUSE”, CHOODIKOTTA, MAHE- 673310 JAYALAKSHMI, RESIDING AT MOORKKOTH HOUSE, PAYYAMBALAM KANNUR DISTRICT, PIN - 670001

5 SEETHA.P AGED 67 YEARS W/O. LATE PRASANNA KUMAR, NO OCCUPATION, MOORKKOTH (H), PAYYAMBALAM, KANNUR, PIN - 670001 THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Dated this the 30^th day of October, 2024 This is an application filed by the petitioner to readmit R.S.A. No.522 of 2023 along with C.M.A.No.1 of 2023, which was dismissed as per the judgment dated 16.01.2024 for non- prosecution, recording the fact that process filed defective against R6.

2. Heard both sides. Other side opposed the prayer.

3. Since the appeal was dismissed for non-prosecution, in the interest of justice, in order to provide an opportunity to the petitioner to argue the appeal on merits, this petition stands allowed on payment of cost of Rs.5,000/- (Rupees five thousand only) to the counsel appearing for the respondent, within a period of seven days from today. On payment of cost, the MJC stands allowed and R.S.A. No.522 of 2023 stands re-admitted. On failure to pay cost within the stipulated time, as directed, the MJC will stand dismissed.

Sd/-

A. BADHARUDEEN JUDGE nkr