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2026 Supreme(Online)(Ker) 10360

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
K.V XAVIER – Appellant
Versus
PETER AUGUSTINE – Respondent


Advocates:
For the Appellants/Petitioners: T.K.RAJESHKUMAR, MANOJ V GEORGE, T.N.BINDU, JIJO JOSE
For the Respondents: T.SETHUMADHAVAN, N. DEEPA, DEEPA NARAYANAN, P.B.PRADEEP, TOMY CHACKO, VISHNU PRADEEP, KODOTH PUSHPARAJAN, VANDANA MENON, PREETHI. P.V., K.JAYESH MOHANKUMAR

JUDGMENT

The appeal was dismissed for non- prosecution on 16.09.2025.

2. The learned counsel for the appellants stated that the 1st appellant, who was conducting the case on behalf of other appellants also, was laid up and could not give necessary instructions to the counsel on time and therefore, the matter could not be represented. Accordingly, the appeal was dismissed for non-prosecution. Annexure-A2 is the medical certificate.

3. Having heard the learned counsel on both sides and perusing the affidavit filed along with the MJC and the counter affidavit, I am satisfied that sufficient reason has been shown for the non-appearance of the appellants on 16.09.2025.

4. The learned counsel on both sides pointed out that the appeal has been remanded by the Hon'ble Supreme Court for fresh consideration on merits.

The appeal has to be heard on merits.

Accordingly, MJC is allowed and the appeal and all pending interlocutory applications shall stand restored to file.

Sd/-

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