MOHANAN PILLAI AND ORS. Vs. VASUDEVAN AND OTHERS

JUDGEMENT

(1.) The prayer in this Civil Revision Petition filed under section 115 of the Code of Civil Procedure, is as follows:

(2.) Heard Sri. V.N. Sasidharan, learned counsel for the petitioners/appellants/plaintiffs. In the nature of the orders proposed to be passed in this Civil Revision Petition, notice to the respondents will stand dispensed with.

(3.) The four revision petitioners herein are the appellants in C.M.A.No.22 of 2015 on the file of the Additional District Court-1, Mavelikara and they are also plaintiffs in O.S.No.6 of 1999 on the file of the Munsiff Court, Mavelikara. The above said C.M.A. was filed challenging the common impugned order dated 10.7.2013 rendered by the trial court concerned (court of Munsiff, Mavelikara) on I.A.No.2211 of 2012 and I.A.No.2212 of 2012 in O.S.No.6 of 1999. The above suit was filed by the petitioners/plaintiffs, seeking a permanent prohibitory injunction against the respondents/defendants. It is averred that the case stood posted on 2.9.2002 for trial and the suit was dismissed for default when the plaintiffs remained absent. Thereafter, the petitioners/plaintiffs filed the above two I.A.s in the year 2012, to set aside the order dismissing the suit for default and also to condone the delay in filing the restoration application. Trial court dismissed both the I.A.s for want of sufficient explanation for the long delay. Aggrieved thereby, the petitioners have preferred the above said C.M.A.No.22 of 2015 before the District court concerned. The District court concerned had also dismissed the C.M.A. holding that there is no explanation for the long delay of 3732 days in filing the restoration application and in view of dismissal of the delay condonation application, the application for restoration of the suit has also been dismissed. These orders are under challenge in this Civil Revision Petition.