2025:KER:23867 MJC NO. 96 OF 2023 IN RFA NO.491 OF 2005 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946 MJC NO. 96 OF 2023 AGAINST THE JUDGMENT DATED 15.06.2022 IN RFA NO.491 OF 2005 OF HIGH COURT OF KERALA PETITIONERS/4TH APPELLANT (DIED) AND APPELLANTS 5 -8 : 1 T.ABRAHAM (DIED) AGED 68 YEARS SON OF THOMAS, CHIRATTUVAYALIL, MANIYAR, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT., PIN - 689662 2 PODIYAMMA AGED 68 YEARS WIFE OF LATE T.ABRAHAM, CHIRATTUVAYALIL, MANIYAR, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689662 3 BINU A SON OF LATE T.ABRAHAM, CHIRATTUVAYALIL, MANIYAR, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689662 4 RAJU A SON OF LATE T.ABRAHAM, CHIRATTUVAYALIL. MANIVAR, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689662 5 REJI A SON OF LATE T.ABRAHAM, CHIRATTUVAYALIL, MANIYAR, VADASSERIKKARA VILLAGE, RANNI TALUK, 2025:KER:23867 MJC NO. 96 OF 2023 IN RFA NO.491 OF 2005 2 PATHANAMTHITTA DISTRICT, PIN - 689662 BY ADVS. DENIZEN KOMATH MARIYA ANTONY ANANTHU ARAVIND RESPONDENTS/APPELLANTS 1 TO 3 AND RESPONDENTS 1 TO 4: 1 ABRAHAM SON OF CHACKO, CHIRATTAVAYALIL HOUSE, IDAKKUNNAM MURI, MUNDAKKAYAM VILLAGE, KOTTAYAM DISTRICT (ABRAHAM, S/O CHACKO, HOUSE NO. X/712, PLOT NO. 12, VRINDAVANAM, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689679 2 SAJI MATHEW (DIED) S/O MATHEW, CHARUVIL VEEDU, KOCHUKOICKAL, KUMARAMPEROOR VADAKKEKKARA MURI, CHITTAR SEETHATHODE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. PIN - 689679 3 T.M.VARGHESE S/O T.K. MATHEW, THALAKUNNEL MANIYAR, VADASSERIKKARA., PIN - 689662 4 AJITHA JAYAKUMAR W/O JAYAKUMAR, RESIDING AT JAYANIAS, T.C.NO. 23/927, VALIYUASALE WARD, CHANGANAZHASSERY VILLAGE, THIRUVANANTHAPURAM, PIN - 695001 5 P.SYAMALAKUMARI JYOTHIS, KALAVAYAL MURI, VELINALOOR VILLAGE, OYOR, KOTARAKARA, PIN - 691510 6 K.GEETHA W/O LATE CHANDRAN, JYOTHIS, OYOOR, KOTTARAKKARA TALUK., PIN - 691510 7 ANAGHA D/O LATE ANIL CHANDRAN, JYOTHIS, OYOOR, KOTTARAKKARA TALUK. PIN - 691510 2025:KER:23867 MJC NO. 96 OF 2023 IN RFA NO.491 OF 2005 3 (MINOR REPRESENTED BY MOTHER AND GUARDIAN ADDL.5TH DEFENDANT) *ADDL R8 SUSAN @ MANJU W/O SAJI MATHEW, CHARUVILHOUSE, CHIRAKADAVIL, VADASSERIKKARA.P.O. PATHANAMTHITTA, PIN – 689 662 *ADDL R9 SHONE S/O. SAJI MATHEW, CHARUVIL HOUSE, CHIRAKADAVIL, VADASSERIKKARA P O PATHANAMTHITTA, 689 662 *ADDL R10 SHAN, S/O.SAJI MATHEW, CHARUVIL HOUSE, CHIRAKADAVIL, VADASSERIKKARA PO PATHANAMTHITTA, 689 662 THE LEGAL HEIRS OF THE DECEASED SECOND RESPONDENT ARE IMPLEADED AS ADDL.R8 TO R10 VIDE ORDER DATED 20.03.2025 IN IA NO.3/2024 IN MJC 96/2023 IN RFA 491/2005 BY ADV V PHILIP MATHEWS THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:23867 MJC NO. 96 OF 2023 IN RFA NO.491 OF 2005 4 ORDER Dated this the 20th day of March, 2025 This is an application filed by the petitioners to readmit R.F.A. No.491 of 2005, which was dismissed as per the judgment dated 15.06.2022 for non-prosecution, recording the fact that no instruction from the party. 2. Heard both sides. 3. Since the appeal was dismissed for non- prosecution, in the interest of justice, in order to provide an opportunity to the petitioners to argue the appeal on merits, this petition stands allowed. Sd/- A. BADHARUDEEN JUDGE nkr