SHIVANANDA M. Vs. M. SUSHEELA

JUDGEMENT

(1.) The 3rd plaintiff in O.S.No.28 of 1999 on the file of the Subordinate Judge's Court, Hosdurg, is the appellant in this appeal, which is one filed under Order XLIII Rule 1(c) of the Code of Civil Procedure, 1908, against the order of the said court dated 24.02.2007 in I.A.No.163 of 2005 in O.S.No.28 of 1999. The appellant is the 3rd plaintiff. The said suit is one filed by the appellant along with two others seeking partition of the plaint schedule properties. On 11.02.2005, the suit was dismissed for default. The appellant along with 2 others filed I.A.No.163 of 2005, an application under Order IX Rule 9 of the Code, seeking restoration of that suit. That application was one filed within the period of limitation. By the impugned order dated 24.04.2007, the court below dismissed that interlocutory application. Feeling aggrieved by that order, the appellant-3rd plaintiff is before this Court in this appeal.

(2.) On 24.10.2007, when this appeal came up for admission, this Court admitted the matter on file. Service of notice could not be completed in this appeal for a considerably long period, since notice issued to some of the respondents returned unserved. Even after taking repeated steps, service of notice could not be completed. Thereafter, by the order dated 02.08.2021 in I.A.No.1 of 2021, the appellant was permitted to take out notice by paper publication to respondents 18, 29, 30, 31, 33, 35, 39, 43, 47, 71 and 75 in Kerala Kaumudi Daily having circulation in Kasaragod District. Pursuant to that order, the appellant has effected service of notice to unserved respondents by paper publication and a copy of that publication has already been received in the concerned Section on 01.09.2021. By a separate order dated this date, Registry was directed to get explanation from the concerned officer, who has not chosen to incorporate that memo in the Judge's papers. Since paper publication has already been effected, service of notice on respondents 18, 29, 30, 31, 33, 35, 39, 43, 47, 71 and 75 is declared as complete.

(3.) Heard the learned counsel for the appellant-3 rd plaintiff, the learned counsel for the 1st respondent, learned counsel for respondents 2, 7, 15 to 17, 19 to 27 and also the learned counsel for the 6th respondent.