Kerala High Court
C.J S Haritha Homes vs Sri.C.R.Subash on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
IA.NO.1/2022 IN WP(C) NO. 5870 OF 2020(G)
PETITIONERS/PETITIONERS:
1. C.J S HARITHA HOMES, SQUARE CENTRE, ATHIRAMPUZHA PO.,
PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM-686562.
2. KUMAR.D., MANAGING PARTNER, M/S.C.JS HARITHA HOMES, SQUARE CENTRE,
ATHIRAMPUZHA PO., PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE,
KOTTAYAM-686562.
3. SHEEJA.S.KUMAR,PARTNER, M/S.C.JS HARITHA HOMES, SQUARE CENTRE,
ATHIRAMPUZHA PO., PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE,
KOTTAYAM-686562.
RESPONDENTS/RESPONDENTS:
1. SRI.C.R.SUBASH, S/O.RAGHAVAN, CHIRAYIL HOUSE, KOTTAYAM.P.O.,
PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM-686001.
2. THE KERALA REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY (LEGAL), SWARAJ BHAVAN, 5TH FLOOR,
NANDANCODE, KOWDIYAR.P.O., THIRUVANANTHAPURAM-695003.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit of 3 weeks granted in filing the appeal as per the judgment dated
24-03-2022 in WP(C) No.5870 of 2020 to a further period up to 01-06-2022
or to a further period as fixed by this Hon'ble Court in the interest of
justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's judgment dated
24-03-2022 and upon hearing the arguments of M/s V.G. ARUN(K/795/2004),
NEERAJ NARAYAN(K/332/2016), V.JAYA RAGI(K/3390/1999), R.HARIKRISHNAN
(KAMBISSERIL)(K/993/2012), Advocates for the petitioners and of
SRI.C.S.MANILAL, SRI.S.NIDHEESH, C.M.NAZAR Advocates for the respondents,
the court passed the following:
P.V.KUNHIKRISHNAN, J.
======================================================
I.A. No.1 of 2022
in
W.P.(C) No. 5870 of 2020
=============================================================
Dated this the 31st day of May, 2022
ORDER
This an application filed to extend the time limit prescribed
by this Court to file the appeal in the judgment dated 24.03.2022.
It is seriously opposed by the respondents. The counsel for the
respondents submitted that this Court originally disposed of the
writ petition on 07.12.2021. Thereafter a review petition was
filed and again the present judgment was delivered by this Court
on 24.03.2022. Eventhen, the directions are not complied and
hence, the time may not be extended. The counsel for the
petitioner submitted that because of some financial stringency,
the pre-deposit amount was not able to raise within the time and
that is why the delay in filing the appeal. On the other hand, the
counsel for the respondents submitted that the respondents are
aged people, and in such circumstances, the prayer may not be
considered.
I.A. No.1 of 2022 in
W.P.(C) No. 5870 of 2020
2. It is true that the petition is belated. But considering
the entire facts and circumstances of the case, the prayer can be
allowed on terms. The petitioner will pay a cost of Rs.30,000/- to
the respondents within a time frame and if the amount is paid and
the receipt is produced before the appellate authority along with
the appeal, the appellate authority will accept the appeal.
Therefore, this application is allowed in the following
manner:
1. The petitioners will pay an amount of Rs.30,000/-
(Rupees thirty thousand only) to the counsel for the
respondents or to the respondents and produce a
receipt before the 2nd respondent along with the
appeal, within two weeks from today.
2. If condition No.1 is complied as directed above, the
appellate authority will accept the appeal, if the other
conditions for filing the appeal, including the per-
deposit, are satisfied. sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
31-05-2022 /True Copy/ Assistant Registrar
