Kerala High Court
For Information Purpose Only vs By Adv on 9 April, 2021
RSA 249/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Friday,the 9th day of April 2021/19th Chaithra, 1943
RSA No.249/2021
For information purpose only
AS No.71/2019 of the DISTRICT COURT, ALAPPUZHA
OS No.334/2012 of the ADDITIONAL MUNSIFF COURT, ALAPPUZHA
APPELLANT/APPELLANT NO.2/ADDITIONAL D2.
P.JAYASREE, AGED 54 YEARS
D/O.CHANDRAMATHI, PUTHAN PARAMBIL, KAYAL CHIRAYIL, NEHRU
TROPHY WARD, MULLACKAL VILLAGE, ALAPPUZHA.
BY ADV
M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENTS/RESPONDENTS 1-3 & APPELLANT NO.3/ PLAINTIFFS 1-3 & ADDL.
D3
1.SHIBU, AGED 54 YEARS,
S/O.SUDHAKARAN, ALAPPAD HOUSE, PANDANKARI MURI, KOZHIMUKK
VILLAGE, EDATHUA, ALAPPUZHA-689573.
2.SHAMY ROY, AGED 50 YEARS
S/O.SUDHAKARAN, ALAPPAD HOUSE, PANDANKARI MURI, KOZHIMUKK
VILLAGE, EDATHUA, ALAPPUZHA-689573.
3.P.S.SHAJI, AGED 51 YEARS
S/O.SUDHAKARAN, ALAPPAD HOUSE, PANDANKARI MURI, KOZHIMUKK
VILLAGE, EDATHUA, ALAPPUZHA-689573. REPRESENTED BY HIS POWER
OF ATTORNEY HOLDER SHAM ROY, THE 2ND RESPONDENT HEREIN.
4.D.JAYAKUMAR, AGED 50 YEARS
S/O.CHANDRAMATHI, P.O.BOX NO.73, 104-102, AL-GIERS STREET, SANA'A,
REPUBLIC OF YEMAN.
This Regular Second Appeal having come up for orders on 09.04.2021, the court on
the same day passed the following
N. ANIL KUMAR, J.
-----------------------------------------
C.M.Appl. No. 2 of 2021
and
RSA No. 249 of 2021
-----------------------------------------
Dated this the 9th day of April, 2021
For information purpose only
ORDER
Respondents 1 to 4 enter appearance.
2. Heard the learned counsel for the
petitioner/appellant and the respondents/
respondents.
3. This is an application to condone the delay of
132 days in filing the appeal. In the affidavit
filed in support of the application, it is stated
that the certified copy of the judgment could be
applied only on 15.06.2020. The stamp papers were
called on 10.07.2020 and the same could be
produced only on 15.07.2020. The date notified
for receipt of certified copy was 21.07.2020 and
the same was received on the very same day. It is
further stated that subsequent to the receipt of
the certified copy, due to the Covid-19 pandemic,
the appellant could not come down to Ernakulam to
RSA No. 249 of 2021
..2..
engage his counsel in order to file a Regular
Second Appeal. Hence, the delay of 132 days in
filing the appeal is sought to be condoned after
For information purpose only
deducting the statutory period of 90 days.
4. In view of the facts and circumstances alleged
and also in view of the outbreak of Covid-19
pandemic throughout the country, it is just and
proper to condone the delay of 132 days in filing
the appeal.
5. Resultantly, the application is allowed. The
delay of 132 days in filing the appeal is
condoned. Registry is directed to post the appeal
for admission.
RSA
In the meanwhile, the executing court is directed
not to initiate any coercive step pursuant to the
judgment and decree under challenge in this
appeal.
Sd/-
N. ANIL KUMAR
JUDGE
bka/09.04.2021
/true copy/ Sd/- ASSISTANT REGISTRAR
