K.JOHN Vs. JOHN JOSEPH

JUDGEMENT

(1.) Plaintiffs in O.S.No.93/2013 and O.S.No.34/2016, both pending before the Sub Court, Pathanamthitta are the petitioners in the above original petitions. Parties are referred hereinafter as the petitioners and the respondents, as per their status in the present case.

(2.) Petitioners filed O.S.No.84/2003 before the Munsiff Court Pathanamthitta seeking declaration of title of the plaint schedule property and for an injunction against tresspass. It was based on an allegation that the defendants had attempted to trespass into their property. An interim injunction was granted. Later, the suit was dismissed for default. It was restored on payment of costs. After the dismissal of the suit, O.S.No.93/2013 was filed by the petitioners before the Sub Court, Pathanamthitta alleging that during the interregnum, defendants trespassed into the plaint schedule property and had cut and removed valuable trees. They sought damages from the respondents.

(3.) Pending the above proceedings, O.S.No.84/2003 was transferred to the Sub Court, Pathanamthitta for joint trial and disposal. It was re- numbered as O.S.No.34/2016. Both suits were listed for trial and posted to 4/6/2018 . On 31/5/2018, the listed day, when the case was taken up, petitioners filed I.A.No.326/2018 seeking adjournment by ten days on medical ground. The above application was dismissed, but the case was posted to 11/6/2018. Thereafter, I. A. No. 341/2018 was filed on 6/6/2018 with a request to adjourn the case for one month on medical ground. It was taken up and dismissed on 11/6/2018. Since the petitioners were not present in both the proceedings, On that day, suits were dismissed for default. Subsequently, IA No. 387/2018 in O.S No.34/2016 and I.A.No.386/2018 in OS No. 93/2013, were filed with a prayer to set aside the dismissal order and to restore the suits to file. The court below, by a common order dismissed both the applications. They were challenged in CMA Nos.42/2018 and CMA 41/2018. The Lower Appellate Court by the impugned common judgment dismissed both the appeals. That judgment is assailed in the present original petitions.