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Judgment
A. Badharudeen, J
This is a petition filed by the petitioner to re-admit R.S.A.No.614/2023, which was dismissed for default as per judgment dated 06.11.2023.
Heard the learned counsel for the petitioner and the learned counsel appearing for the additional respondents 2 to 6.
This M.J.C. has been filed within time and according to the learned counsel for the petitioner, even though he was ready to argue the matter on 06.11.2023, he could not argue the matter because of stomach disorder and diarrhea. Accordingly, re-admission of the appeal for hearing on merits, is sought for.
In the objection filed by the additional respondents 2 to 6, it was contended that no sufficient reasons stated for re-admission of the appeal.
Since the illness of the lawyer is stated as stomach disorder and diarrhea, and this M.J.C. has been filed within time, the same is liable to be allowed in the interest of justice.
Since the appeal was dismissed for default, this M.J.C. can be allowed on imposing cost. Hence this M.J.C. stands allowed with a direction to deposit cost of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the learned counsel appearing for the additional respondents 2 to 6 and Rs.2,500/-(Rupees Two Thousand Five Hundred only) to the Kerala State Legal Services Authority, Ernakulam, within ten days. On such deposit and production of receipt, this M.J.C. stands allowed and R.S.A.No.614/2023 stands re-admitted.
If cost is not deposited within time, as directed, this M.J.C. stands dismissed.