SUBHASHINI Vs. BALAN

JUDGEMENT

(1.) PETITIONERS filed O.S.No.262 of 2008 in the Principal Munsiff's Court, Nedumangad for a decree for prohibitory injunction against respondent trespassing into the suit property, committing waste or destroying the boundaries etc. Respondent, apart from resisting that suit raised a counter claim for a declaration of title over 54 cents in resurvey No.38616-1.

(2.) ON 14.06.2010 the suit was dismissed for default and the counter claim was decreed ex parte due to the absence of petitioners.

(3.) IT is contended by the learned counsel that during the time the case was taken up for trial in the list, first petitioner was laid up due to Paralysis and could not attend the Court. She was looking after the case since second petitioner was working as a coolie in Waynad. Hence absence of petitioners in the trial court on the relevant day. For the above said reasons they could not file the application on time. It is contended that petitioners have serious dispute regarding the counter claim of respondent.