For Information Purpose Only vs Nazirudeen
2021 Latest Caselaw 6563 Ker

CM.Appl/1/2020 IN RFA 228/2020            1/4



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH

             Wednesday,the 24th day of February 2021/5th Phalguna, 1942
                        CM.Appl No.1/2020 IN RFA No.228/2020

    For information purpose only
Against OS No.70/2012 of the PRINCIPAL SUB COURT,ATTINGAL
APPLICANT/APPELLANT:
      NAZIRUDEEN,AGED 57 YEARS
      S/O ABDUL KARIM, RESIDING AT KIZHAKKETHIL VEEDU, EDAVA
      DESOM, EDAVA VILLAGE,
RESPONDENTS/RESPONDENTS:
1. SHAJI,AGED 41 YEARS
    S/O MUHAMMED ABDUL KHADER AGED 41 YEARS, RESIDING AT
    KIZHAKKEVILA, VENKULAM DESOM, EDAVA VILLAGE, PIN-695311 NOW
    RESIDING AT MALAPPURAM HOUSE,PETHIRIMUKK NEAR ALUMMOOD
    VALIYAPALLI, EDAVA P O, PIN-695311.
2. PREMKUMAR
    S/O DHAMODHARAN,AGED58 YEARS, RESIDING AT SANTHI SAGAR,
    KAPPIL DESOM, EDAVA VILLAGE, PIN-695311.
3. A. K JABBAR,AGED 56 YEARS
    S/O ABDUL SALAM, RESIDING AT JASH LAND,PARAYIL DESOM,EDAVA
    VILLAGE, PIN-695311

   Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to condone the delay of 224 days caused in
filing the above Regular First Appeal for the best interest of justice.


  This application coming on for orders upon perusing the application and the
affidavit filed in support thereof, and upon hearing the arguments of M/S P.
HARIDAS, BIJU HARIHARAN, P.C.SHIJIN, R.B.BALACHANDRAN, RENJI
GEORGE CHERIAN, RISHIKESH HARIDAS, Advocates for the petitioner and of
SRI. D.KISHORE, Advocate for R1, the court passed the following:
 CM.Appl/1/2020 IN RFA 228/2020           2/4




                            MARY JOSEPH, J.
                                ---------------
           CM.Application No. 1 of 2020 IN RFA No.228 of 2020
                                ---------------
                Dated this the 24th day of February 2021
    For information purpose only

                                       ORDER

This is an application seeking to condone the delay of 224 days in filing the Regular First Appeal before this Court. It is stated by the petitioner in the affidavit filed in support of

the application that the suit was filed by the 1st respondent for declaring the title and possession over plaint schedule land and building as per Settlement Deed No.2192/1996 of SRO Varkkala dated 07.06.1996. Suit was decreed on 30.09.2019 but the certified copy of the judgment and decree could be applied only on 25.11.2019 for failure of counsel to communicate it. The Certified copy was obtained on 27.01.2020. Thereafter, he consulted a lawyer at Ernakulam and came to know that certain material facts and sale deeds were suppressed by the plaintiff and thereby the decree was obtained. At that point of time, National lock down was also stated as declared due to spread of Covid-19 pandemic and transportation was restricted particularly in CM.Appl/1/2020 IN RFA 228/2020 3/4

Thiruvananthapuram District. Certified copies of the sale deeds allegedly suppressed by the plaintiff were also to be obtained and in the above process the delay of 224 days was occurred in filing the Regular First Appeal.

For information purpose only

2. Counter Affidavit was filed by the 1st respondent in the application seeking condonation of delay. It is stated that proper explanation was not furnished by the petitioner for getting the delay of 224 days, condoned. It is further contended that suppression of material facts and documents were not there in the suit as alleged by the petitioner. The copies of the sale deeds allegedly suppressed are totally unrelated to the issues involved in the suit in question. The attempt of the petitioner was only to mislead the court. The plea that delay was also occurred due to declaration of lock- down relating to Covid-19 pandemic, is also incorrect. Certified copy of the impugned judgment was admittedly obtained by the petitioner as early as on 27.01.2020. Therefore, the petition seeking condonation of delay is only to be dismissed.

3. This Court has noticed from the affidavit filed by the petitioner in support of the application that proper explanation has not been furnished by him for the inordinate delay of 224 days.

4. However, the proceeding proposed being First CM.Appl/1/2020 IN RFA 228/2020 4/4

Appeal, this Court is inclined to allow the application seeking condonation of delay on cost.

In the result, application is allowed on condition that Rs.1500/- (Rupees one thousand five hundred only) shall

For information purpose only be paid by the petitioner to the 1st respondent as cost and a memo filed before this Court on 05.03.2021.

Sd/-

MARY JOSEPH, JUDGE JJ

/true copy/ Sd/-

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