Service to counsels in prior proceedings suffices for appeal notice; court directs expedited delay consideration.

JUDGMENT

Read order dated 01.04.2026.

2. The learned counsel for the petitioners submits that respondents 1 to 3 and 27 to 23 in A.S.No.79 of 2025 are represented by the respective counsels in the final decree proceedings. The petitioners are permitted to serve a copy of A.S.No.79 of 2025 to the respective counsels appearing for respondents 1 to 3 and 27 to 23. It is also pointed out that respondents 10 to 14 in the appeal were not allotted any share in the final decree proceedings and therefore, notice to those respondents are not required for consideration of the appeal. The said submission is recorded.

3. In view of the above facts, this Court is of the view that the Original Petition can be disposed of by issuing a direction to the District Court, Manjeri to take up A.S.No.79 of 2025 on 25.05.2026 itself and consider the delay petition and pass appropriate orders within a period of three weeks thereafter. Before the said date, the appellants shall serve a copy of the appeal to the learned counsels appearing for respondents 1 to 3 and 27 to 23 in the final decree proceedings and produce the memo with regard to the serving of the copy. Once the said memo is filed, the District Court, Manjeri shall not wait for further service to be completed and shall consider the delay application and pass appropriate orders as directed above. The interim order shall continue till such exercise as ordered to be undertaken is complete.

The Original Petition is disposed of as above.