Koorummal Sreedharan vs Ajitha
2021 Latest Caselaw 15153 Ker

Citation : 2021 Latest Caselaw 15153 Ker
Judgement Date : 20 July, 2021

Kerala High Court

Koorummal Sreedharan vs Ajitha on 20 July, 2021

RSA No.711/2019                               1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                          THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
                  Tuesday, the 20th day of July 2021 / 29th Ashadha, 1943
                        CM.APPL.NO.1/2019 IN RSA NO. 711 OF 2019(B)

                         AS 283/2012 OF SUB COURT, KANNUR, KANNUR

      FDIA No.3503/2007 IN O.S.No.684/1999 OF ADDITIONAL MUNSIFF COURT,KANNUR

   PETITIONER/APPELLANT:

          KOORUMMAL SREEDHARAN, KOORUMMAL HOUSE, PALLERI, NARATH P.O., KANNUR
          DISTRICT.

   RESPONDENTS 1 TO 11/RESPONDENTS 1 TO 4,6 TO 13:

      1. AJITHA, KANNADI PARAMBA, KANNADI PARAMBA P.O., KANNUR DISTRICT,
         PIN-670 603.
      2. REENA, KANNADI PARAMBA, KANNADI PARAMBA P.O., KANNUR DISTRICT,
         PIN-670 603.
      3. REEJA,KANNADI PARAMBA, KANNADI PARAMBA P.O., KANNUR DISTRICT,
         PIN-670 603.
      4. VANAJA,NARATH AMSOM, NARATH P.O., KANNUR DISTRICT, PIN-670 603.
      5. SUJATHA, NARATH AMSOM, NARATH P.O., KANNUR DISTRICT, PIN-670 603.
      6. SUMA, NARATH AMSOM, NARATH P.O., KANNUR DISTRICT, PIN-670 603.
      7. M.VINODAN,NARATH AMSOM, NARATH P.O., KANNUR DISTRICT, PIN-670 604,.
      8. M.SREEJA, KANNADI PARAMBA, KANNADI PARAMBA P.O., KANNUR DISTRICT,
         PIN-670 604.
      9. K.BALAKRISHNAN, NARATH AMSOM, NARATH P.O., KANNUR DISTRICT, PIN-670
         603.
     10. PRASANNA, KOORUMMAL HOUSE, PALLERI, NARATH P.O., KANNUR DISTRICT,
         PIN-670 603.
     11. VASANTHA, KOORUMMAL HOUSE, PALLERI, NARATH P.O., KANNUR DISTRICT,
         PIN-670 603.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to condone the delay
   of 390 days in filing the Appeal.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof and upon hearing the arguments
   of SRI.V.PREMCHAND, Advocate for the petitioner, the court passed the
   following:
 RSA No.711/2019                                2/3




                               N. ANIL KUMAR, J.
                   -----------------------------------------
                            C.M.Appl. No. 1 of 2019
                                       in
                              RSA No. 711 of 2019
                   -----------------------------------------
                     Dated this the 20th day of July, 2021



                                         ORDER

This is an application to condone the delay of

390 days in filing the appeal.

2. The above appeal arises out of judgment dated

31.01.2018 in AS No. 283 of 2012 of the Sub

Court, Kannur. This application is filed to

condone the delay of 390 days in filing the

appeal. The judgment of the first appellate

court was delivered on 31.01.2018. In the

affidavit in support of the application to

condone the delay, the appellant would swear

that he was laid up due to severe backache and

other health issues and he could not file the

appeal in time as expected.

          3. Heard         the       learned          counsel    for      the
 RSA No.711/2019                                      3/3




          RSA No. 711 of 2019

                                               ..2..

                  petitioner/appellant.

4. Having considered the facts and circumstances

involved, the delay of 390 days in filing the

above appeal stands condoned on deposit of

Rs.500/- (Rupees five hundred only) as costs

to the High Court Legal Services Committee

within 15 days from the date of this order.

5. In case, the costs is deposited as ordered

hereinabove and the receipt is produced, the

Registry is directed to post the appeal for

admission.

This C.M.Appl. is allowed accordingly.

Sd/-