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2026 Supreme(Online)(Ker) 74869

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Sree Gokulam Chits and Finance Company (P) Ltd. – Appellant
Versus
Robin Zacharias – Respondent
MJC NO. 13 OF 2026|MJC NO. 22 OF 2026|RFA NO. 334 OF 2017|RFA NO. 165 OF 2017



Important Points

The court may restore dismissed appeals to the file upon being satisfied with the explanations provided in an affidavit regarding the non-appearance of the parties.

Subject

Civil Procedure - Restoration of Appeal

Headnote

(A) Civil Procedure - Restoration of Appeals - Non-appearance of parties - Where the court is satisfied with the averments made in the affidavit explaining the reason for non-appearance, the miscellaneous jurisdiction cases for restoration may be allowed and the appeals restored to file. (Para 2)

Issues: Whether the appeals should be restored following the explanation provided for non-appearance.

Legal Category Hierarchy

  • practice and procedure
    • appellate procedure
      • restoration of appeal

Advocates:
For the Appellants/Petitioners: Rajesh Chakyat
For the Respondents: P.T. Sheejish, K.B. Pradeep

MJC NO. 13 OF 2026

AGAINST THE JUDGMENT DATED 25.11.2025 IN RFA NO.334 OF 2017 OF HIGH COURT OF KERALA

APPLICANT/APPELLANT:

SREE GOKULAM CHITS AND FINANCE COMPANY (P) LTD.

ARCOT ROAD, KODAMBAKKAM, CHENNAI - 24.

REPRESENTED BY POWER OF ATTORNEY HOLDER:

GINU K.DAMU, ASSISTANT MANAGER (BUSINESS),

MUVATTTUPUZHA BRANCH, YAS COMPLEX, VELLURKUNNAM

VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM

DISTRICT., PIN - 686669

BY ADV SRI.RAJESH CHAKYAT

RESPONDENTS/RESPONDENTS:

1 ROBIN ZACHARIAS

AGED 45 YEARS

VEETYANKAL HOUSE, THODUPUZHA EAST,

MANAKKAD VILLAGE, THODUPUZHA, IDUKKI,

2 JULIET ROBIN

AGED 43 YEARS

W/O ROBIN, VEETYANKAL HOUSE, THODUPUZHA EAST,

MANAKKAD VILLAGE, THODUPUZHA, IDUKKI,

3 DOMINI [DIED]

AGED 57 YEARS

S/O JOSEPH, PEDICKATTUKUNNEL HOUSE, VAZHAKKULAM

KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK,

ERNAKULAM DISTRICT, PIN - 686670

ADDL. 4 ACHAMA DOMINI,

W/O. DOMINI, PEDICKATTUKUNNEL HOUSE,

VAZHAKKULAM KARA, MANJALLOOR VILLAGE

MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT:

ADDL.5 ANJU DOMINI

D/O. DOMINI, PEDICKATTUKUNNEL HOUSE,

VAZHAKKULAM KARA, MANJALLOOR VILLAGE,

MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT

ADDL.6 ANIJA DOMINI

D/O. DOMINI, PEDICKATTUKUNNEL HOUSE,

VAZHAKKULAM KARA, MANJALLOOR VILLAGE,

MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT

(THE LEGAL HEIRS OF THE DECEASED 3RD RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 TO 6, VIDE ORDER DATED 08.09.2026 IN I.A. NO.1/2026 IN MJC NO.13/2026 IN RFA NO.334/2017)

BY ADVS.

NO ADVOCATE

SRI.P.T.SHEEJISH

THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 13.11.2026, ALONG WITH MJC.22/2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

MJC NO. 22 OF 2026

AGAINST THE JUDGMENT DATED 25.11.2025 IN RFA NO.165 OF 2017 OF HIGH COURT OF KERALA

APPLICANTS/APPELLANT:

SREEGOKULAM CHITS & FINANCE COMPANY (P) LTD.

ARCOT ROAD, KODAMPAKKAM, CHENNAI - 24,

REPRESENTED BY POWER OF ATTORNEY HOLDER

JINU K. DAMU, ASSISTANT MANAGER (BUSINESS),

MUVATTUPUZHA BRANCH, YAS COMPLEX,

VELLOORKKUNNAM VILLAGE, MUVATTUPUZHA TALUK,

ERNAKULAM DISTRICT, PIN - 686669

BY ADV SRI.RAJESH CHAKYAT

RESPONDENTS/RESPONDENTS:

1 ROBIN ZACHARIAS

AGED 45 YEARS

VEETTYANKAL HOUSE, THODUPUZHA EAST, MANAKKAD

VILLAGE, THODUPUZHA, IDUKKI, PIN - 685608

2 JULIET ROBIN

AGED 43 YEARS

W/O. ROBIN, VEETYANKAL HOUSE, THODUPUZHA EAST

MANAKKAD VILLAGE, THODUPUZHA, IDUKKI.,

3 DOMINI(DIED)

AGED 57 YEARS

S/O.JOSEPH, PEDIKKATTUKUNNEL HOUSE, VAZHAKKULAM

KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK,

ERNAKULAM, PIN - 686660

4 ACHAMA DOMINIC

W/O. DOMINI, PEDICKATTUKUNNEL HOUSE,

VAZHAKKULAM KARA, MANJALLOOR VILLAGE,

MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT - 686670

5 ANJU DOMINI

D/O. DOMINI, PEDICKATTUKUNNEL HOUSE,

VAZHAKKULAM KARA, MANJALLOOR VILLAGE,

MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT - 686670

6 ANIJA DOMINI

D/O. DOMINI, PEDICKATTUKUNNEL HOUSE,

VAZHAKKULAM KARA, MANJALLOOR VILLAGE,

MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT

(ADDITIONAL RESPONDENT NOS 4 TO 6 ARE IMPLEADED BEING THE LEGAL HEIRS OF DECEASED RESPONDENT NO.3 VIDE ORDER DATED 8/9/2026 IN IA NO.1/2026)

BY ADVS.

SHRI.K.B.PRADEEP

NO ADVOCATE

SRI.P.T.SHEEJISH

THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 13.11.2026, ALONG WITH MJC.13/2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Sathish Ninan & P. Krishna Kumar, JJ.

--------------------------------------------

M.J.C. No. 13 of 2026 in R.F.A. No. 334 of 2017 & M.J.C. No. 22 of 2026 in R.F.A. No. 165 of 2017

---------------------------------------------

Dated this the 13th day of November, 2026

O R D E R

Sathish Ninan, J.

We are satisfied with the averments in the affidavit filed in support of the application explaining the non-appearance.

In the light of the averments in the affidavit, we are inclined to allow the MJCs. The Appeals are restored back to file.

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