Kerala High Court
Valsamma vs Vellanchira Daisy on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
OP(C) NO. 2348 OF 2022
PETITIONER/APPELLANT BEFORE THE APPELLATE AUTHORITY:
VALSAMMA,
AGED 60 YEARS,
REPRESENTED BY KUMMAYATHODIYIL SEBASTIAN,
KUMMAYATHODIYIL HOUSE, POOVARAMTHODE,
KOODARANHI AMSOM & DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT , PIN - 673604
BY ADV P.T.MOHANKUMAR
RESPONDENTS/RESPONDENTS BEFORE THE APPELLATE AUTHORITY:
1 VELLANCHIRA DAISY,
AGED 59 YEARS,
CHAVALAPPARA HOUSE, KOODARANHI AMSOM AND DESOM,
KOZHIKODE., PIN - 673604
2 VAYALIL KUNHALI HAJI,
[AGE NOT KNOWN TO THE PETITIONER]
VAYALIL HOUSE, KUMARANALLUR P. O., MUKKAM,
KOZHIKODE., PIN - 673602
3 K. T. K. VEERARAJA VARMAN,
[AGE NOT KNOWN TO THE PETITIONER]
KOTTAYAM THEKKE KOVILAKAM,
KOOTHUPARAMBA P. O.,
KANNUR DISTRICT., PIN - 670643
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.2348/2022
-:2:-
Dated this the 22nd day of December,2022
JUDGMENT
The original petition is filed to direct the Appellate
Authority(LR), Kannur, to consider and dispose of
A.A.No.105/2010 within a time frame.
2. Pursuant to the order dated 08.12.2022
passed by this Court, the Appellate Authority, by
communication dated 02.12.2022, has informed this
Court that the appeal is filed with I.A.No.197/2010, to
condone the delay of 1940 days. The appeal was taken
up for consideration on 04.12.2010. Then, the two
respondents had died. Steps were directed to be taken
to implead the legal representatives of the deceased.
The delay condonation petition was posted for orders.
Then, an application was filed to reopen the matter.
The appellants have sought adjournments on many
O.P.(C)No.2348/2022
dates. Due to the Covid-19 pandemic, the appeal was
adjourned from time to time. The Appellate Authority
would make an endeavour to consider and dispose of
the appeal within three months.
3. Heard; Sri. P.T. Mohankumar, the learned
counsel appearing for the petitioner. Even though
notice of the original petition has been served on the
learned counsel appearing for the respondents before
the court below, there is no appearance for them.
In the light of the pleadings and materials on
record and after perusing the communication of the
Appellate Authority, in exercise of the supervisory
powers of this Court under Article 227 of the
Constitution of India, I direct the Appellate
Authority(LR), Kannur, to consider and dispose of
A.A.No.105/2010, as expeditiously as possible and in
accordance with law, at any rate, within a period of
O.P.(C)No.2348/2022
three months from the date of receipt of a certified
copy of this judgment. It is made clear that, the appeal
shall be considered and disposed of, only if the delay in
I.A.No.197/2010 has already been condoned.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/22.12.22 //True copy/
P.A.To Judge
O.P.(C)No.2348/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE POWER OF ATTORNEY DEED
EXECUTED BY THE PETITIONER IN FAVOUR OF HER
HUSBAND MR. SEBASITAN, DATED 27. 09. 2007
EXHIBIT P-2 TRUE COPY OF THE PURCHASE CERTIFICATE
ISSUED FROM MUKKAM LAND TRIBUNAL IN THE
NAME OF JOSEPH, DATED 19. 07. 1975
EXHIBIT P-2 (A) TYPEWRITTEN TRUE COPY OF EXHIBIT P-2, FOR
MAKING THE CONTENTS OF THE SAID EXHIBIT
READABLE.
EXHIBIT P-3 TRUE COPY OF THE PURCHASE CERTIFICATE,
ISSUED FROM LAND TRIBUNAL, KOZHIKODE, DATED
18.04.2000
EXHIBIT P-4 TRUE COPY OF THE MEMORANDUM OF APPEAL,
SUBMITTED BY THE PETITIONER, DATED
04.11.2010
RESPONDENTS EXHIBITS: NIL
