ELIYAMMA THOMAS Vs. JOBSON

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 17/8/2024 in R.P.No.20 of 2023 and I.A.No.3 of 2023 in A.S.No.48 of 2020 of the Principal District Court, Kollam, which is an appeal from the judgment in O.S.No.439 of 2010 of the Additional Munsiff Court, Kollam. Appellant was the appellant in the A.S. and petitioner in the R.P. Respondent was the respondent in the A.S. and counter petitioner in the R.P.

(2.) O.S.No.439 of 2010 was a suit filed by the respondent seeking recovery of possession of property on the strength of title. The suit was decreed in favour of the respondent. Aggrieved by the same, A.S.No.48 of 2020 was filed by the appellant before the Principal District Court, Kollam. The appeal was dismissed for default on 23/9/2021. The appellant filed R.P.No.20 of 2023 for restoration of the appeal along with a petition, I.A.No.3 of 2023 seeking to condone the delay of 821 days in filing the R.P. The learned Principal District Judge, Kollam, dismissed the I.A. as well as the R.P. Aggrieved by the same, this FAO is filed along with C.M.Appl.No.1 of 2025, which is a petition seeking to condone the delay in filing the FAO.

(3.) The respondent entered in appearance and filed a counter affidavit in C.M.Appl.No.1 of 2025 in the FAO.