PATHU Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANTS claim that they are the legal heirs of the original claimant in L.A.R. No. 175 of 1994 which was admittedly closed by the Reference Court way back in December, 1995 for non prosecution by the claimant.

(2.) AFTER about seven years, the appellants filed an application before the Reference Court as I.A. No. 3464 of 2002 under Section 5 of the Limitation Act to condone the delay of 2435 days in filing the application for restoration of the reference case. The said application was dismissed by the learned Subordinate Judge by his order dated December 3, 2003, a copy of which is available on record as Ext. P1. The learned Subordinate Judge found that no proper explanation had been offered for the inordinate delay and that there was total laches and negligence on the part of the appellants. Therefore the application for condonation was dismissed.

(3.) THE learned Single Judge after adverting to the entire facts and circumstances of the case and the palpable laxity and indifference of the appellants held that the writ petition was totally misconceived and unsustainable. Accordingly the writ petition was dismissed. It is thus that the appellants are before us in this writ appeal.