JUDGMENT

This appeal is preferred against the dismissal of A.S.

No.40 of 2010 on the files of the District Court, Thodupuzha.

2. The appellants, aggrieved by the judgment and decree in O.S. No.31 of 2005 on the files of the Munsiff Court, Thodupuzha filed an appeal with I.A. No.412 of 2010, an application to condone the delay. The District Court, Thodupuzha took up the application on 04.10.2010 and passed a detailed order, by stating that though an affidavit was filed for condonation of delay, the person who had sworn to the affidavit had no knowledge as to what transpired for the last five years and thus, the court concluded that there is an inordinate delay in filing the appeal. Accordingly, the I.A. was dismissed. Consequent to the dismissal of the I.A., the appeal itself was dismissed on 04.10.2010. Hence, the appeal.

3. Heard Sri. Nirmal S., the learned counsel appearing for the appellants.

4. This Court had called for a report from the Munsiff Court, Thodupuzha as to whether the judgment and decree in O.S. No.31 of 2005 was finally executed. A report dated 17.12.2025 has been placed on record, wherein, it is stated that the judgment and decree was put to execution in E.P. No.50 o