2025:KER:28608 MJC NO. 58 OF 2025 IN RFA NO.579 OF 2013 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. 58 OF 2025 AGAINST THE JUDGMENT DATED 11.02.2025 IN RFA NO.579 OF 2013 OF HIGH COURT OF KERALA APPLICANT/APPELLANT: K.V. JOSEPH AGED 65 YEARS S/O VARGHESE, DRIVER, KUNNAPPILLIL HOUSE, CHERANELLOOR VILLAGE, CHITTOOR DESOM, SOUTH CHITTOOR P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682027 BY ADVS. K.V.JAYADEEP MENON T.P.RAMESH (THENGUMPILLIL) RESPONDENTS/ RESPONDENTS : 1 MARRY @ SHERLY (DIED) D/O. VARGHESE AND W/O. P.A.JOSEPH, KUNNAPPILLIL HOUSE, CHITTOOR DESOM, CHERANELLOOR, PULLAMPARAVIL, CHITTOOR DESOM, ERNAKULAM DISTRICT, PIN - 682027 2 MANUAL AGED 75 YEARS S/O. VARGHESE, DRIVER, KUNNAPPILLIL HOUSE, CHERANELLOOR DESOM, NOW RESIDING AT PAZHAMPILLY HOUSE, OCHAMTHURUTH, VYPIN,PIN - 682508 2025:KER:28608 MJC NO. 58 OF 2025 IN RFA NO.579 OF 2013 2 3 ANIE AGED 61 YEARS D/O. VARGHESE AND W/O. P.X JOSEPH, KUNNAPPILLIL HOUSE, CHERANELLOOR DESOM, NOW RESIDING AT PULIMOOTIL HOUSE, UDAYAMPEROOR, PIN - 682307 4 JANCY AGED 60 YEARS D/O. VARGHESE AND W/O. BABU ABRAHAM, KUNNAPPILLIL HOUSE, CHERANELLOOR DESOM, NOW RESIDING AT VELLAPPILY HOUSE, KOLLIYAKKAL ROAD, PIRAVOM, PIN - 686664 5 PAUL PIOUS AGED 58 YEARS S/O. VARGHESE, DRIVER, KUNNAPPILLIL HOUSE, NEAR HMCA JUNCTION, CHITTOOR DESOM, CHERANELLOOR,, PIN - 682027 6 SEBASTIN @ SEALASTINE AGED 53 YEARS S/O. VARGHESE, MERCHANT, KUNNAPPILLIL HOUSE, CHURCH ROAD, CHITTOOR DESOM, CHERANELLOOR, PIN - 682027 7 JOHNY AGED 51 YEARS S/O. VARGHESE, BUSINESS, KUNNAPPILLIL HOUSE, CHITTOOR DESOM, CHERANELLOOR, 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:28608 MJC NO. 58 OF 2025 IN RFA NO.579 OF 2013 3 ORDER Dated this the 3rd day of April, 2025 This is an application filed by the petitioner to readmit R.F.A. No.579 of 2013, 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