CHANDRASEKHAR Vs. KDHP COMPANY (P) LTD.

JUDGEMENT

(1.) The main prayer in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.G.Sreekumar (Chelur), learned counsel for the petitioner and Sri.V.Abraham Markos, learned counsel for the respondent.

(3.) The petitioner herein is the 2nd defendant in O.S.No.194/2010 on the file of the Munsiff's Court, Devikulam, instituted by the respondent herein/plaintiff. The suit is one for permanent prohibitory injunction. Originally there were 2 defendants and the 1st defendant is stated to be no more. The petitioner/2nd defendant has suffered an ex-parte decree dated 31.10.2012 in the said suit. The petitioner has thereupon filed I.A.No.205/2013 and I.A.No.206/2013 in the said Original Suit for setting aside the ex-parte decree dated 31.10.2012 and for condoning the delay of 104 days in filing the application to set aside the ex-parte decree and those applications were dismissed as per Exts.P-3 and P-4 orders, both rendered on 15.12.2014. The trial court has held that no grounds are made out for condoning the delay of 104 days in filing the application to set aside the ex-parte decree and consequently the application to set aside the ex-parte decree was also dismissed as per the above orders. Thereupon, the petitioner has constrained to file Civil Miscellaneous Appeal, C.M.A.No.15/2015 before the District Court, Thodupuzha, for impugning Exts.P-3 and P-4 orders herein. The said appeal was dismissed for default on 26.5.2015. Thereupon, the petitioner had filed Exts.P-7 and P-8 I.As for condoning the delay of 447 days in filing the restoration application and for restoring the said C.M.A. Thereafter, this Court had directed as per Ext.P-9 judgment dated 30.10.2017 in O.P.No.3051/2017 filed by the petitioner that the above said Exts.P-8 and P-9 applications should be considered and disposed of by the lower appellate court concerned (District Court, Thodupuzha). Pursuant thereto, the lower appellate court, after hearing both sides has now dismissed Exts.P-7 and P-8 applications as per Ext.P-10 order dated 4.11.2017, which is under challenge in this Original Petition.