2025:KER:28607 MJC NO. 54 OF 2025 IN RFA NO.259 OF 2011 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 MJC NO. 54 OF 2025 AGAINST THE JUDGMENT DATED 11.02.2025 IN RFA NO.259 OF 2011 OF HIGH COURT OF KERALA APPLICANT/APPELLANT: K.V. JOSEPH AGED 65 YEARS S/O K.O. VARGHESE, DRIVER, KUNNAPPILLIL HOUSE, SOUTH CHITTOOR P.O., ERNAKULAM DISTRICT, PIN - 682027 BY ADV K.V.JAYADEEP MENON RESPONDENTS/RESPONDENTS: 1 SHERLY @ MARRY (DIED) D/O. LATE K.O. VARGHESE AND W/O. P.A. JOSEPH, RESIDING AT PULLAMPARAVIL, CHURCH ROAD, SOUTH CHITTOOR P.O., ERNAKULAM DISTRICT, PIN - 682027 2 K.V. MANUAL AGED 75 YEARS S/O. LATE K.O. VARGHESE, KUNNAPPILLIL HOUSE, CHURCH ROAD, SOUTH CHITTOOR P.O., ERNAKULAM, NOW RESIDING AT PAZHAMPILLY HOUSE, UDAYAMPEROOR, ERNAKULAM, PIN - 682027 3 ANIE AGED 61 YEARS D/O. LATE K.O. VARGHESE AND W/O. P.X. JOSEPH, KUNNAPPILLIL HOUSE, CHURCH ROAD, SOUTH CHITTOOR P.O., NOW RESIDING AT PULIMOOTIL HOUSE, UDAYAMPEROOR, PIN - 682307 2025:KER:28607 MJC NO. 54 OF 2025 IN RFA NO.259 OF 2011 2 4 JANCY AGED 60 YEARS D/O. K.O. VARGHESE AND W/O. BABU ABRAHAM, KUNNAPPILLIL HOUSE, CHURCH ROAD, SOUTH CHITTOOR P.O., NOW RESIDING AT VELLAPPILY HOUSE, KOLLIYAKKAL ROAD, PIRAVOM, ERNAKULAM DISTRICT, PIN - 686664 5 K.V. PAUL PIUS AGED 58 YEARS S/O. K.O. VARGHESE, KUNNAPPILLIL HOUSE, CHURCH ROAD, SOUTH CHITTOOR P.O., KOCHI,PIN - 682027 6 SEALASTINE @ K.V. SEBASTIN S/O. K.O. VARGHESE, KUNNAPPILLIL HOUSE, NEAR HMCA JUNCTION, CHURCH ROAD, SOUTH CHITTOOR P.O., PIN - 682027 7 K.V. JOHNY S/O. K.O. VARGHESE, KUNNAPPILLIL HOUSE, CHURCH ROAD, SOUTH CHITTOOR P.O., PIN - 682027 THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28607 MJC NO. 54 OF 2025 IN RFA NO.259 OF 2011 3 ORDER Dated this the 3rd day of April, 2025 This is an application filed by the petitioner to readmit R.F.A. No.259 of 2011, which was dismissed for non-prosecution as per judgment dated 10.02.2025. 2. Heard both sides. The prayer is not seriously opposed by the other side. 3. Since the appeal was dismissed for non- prosecution, in the interest of justice, in order to provide an opportunity to the petitioner to argue the appeal on merits, this petition stands allowed. Sd/- A. BADHARUDEEN JUDGE nkr