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2025 Supreme(Online)(Ker) 56703

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
TATA REALTY AND INFRASTRUCTURE LTD – Appellant
Versus
RIA THOMAS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ABRAHAM JOSEPH MARKOS, SRI.V.ABRAHAM MARKOS, SRI.ISAAC THOMAS, SRI.P.G.CHANDAPILLAI ABRAHAM, SHRI.ALEXANDER JOSEPH MARKOS, SHRI.JOHN VITHAYATHIL
For the Respondents: SRI JOHNSON GOMEZ

JUDGMENT Sushrut Arvind Dharmadhikari, J.

The present intra-court appeal, filed under Section 5 of the Kerala High Court Act, 1958, assails the judgment dated 12.06.2025 passed in W.P.(C) No. 26226 of 2024, whereby the writ petition was disposed of by setting aside Ext. P7 order of the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram, in Complaint No. 9/2021, with a direction to the Commission to restore the complaint to file and consider it on merits after hearing all the parties concerned.

2. The appellants herein were respondents Nos. 1 and 2 in the writ petition, whereas the first respondent herein was the petitioner, and respondents Nos. 2 to 15 herein were respondents Nos. 3 to 16 in the writ petition.

3. Respondents Nos. 3 to 14 had approached the 15th respondent by filing Complaint Case No. 9/2021. Vide Ext. P7 order dated 21.03.2024, the State Consumer Disputes Redressal Commission, Thiruvananthapuram, dismissed the complaint for non-prosecution. The first respondent thereafter approached this Court through the writ petition challenging Ext. P7, whereby the complaint submitted by respondents Nos. 3 to 14 was dismissed for non-prosecution, without going

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