Sumathi vs K.C Vincent
2023 Latest Caselaw 11484 Ker

OP(C) No.1711/2023                         1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
              Wednesday, the 8th day of November 2023 / 17th Karthika, 1945

                         IA.NO.1/2023 IN OP(C) NO. 1711 OF 2023


              OS 138/2019 OF MUNSIFF MAGISTRATE COURT, THODUPUZHA, IDUKKI

   APPLICANTS/ PETITIONER:

      1. SUMATHI, AGED 58, D/O ACHUTHAN, MATTATHU HOUSE, IDUKKI COLONY
         P.O, CHERUTHONI KARA, IDUKKI VILLAGE, PIN - 685 602.
      2. MOBI BABY, AGED 32, S/O LATE BABY, CHAKALACKAL HOUSE, CHERUTHONI
         KARA, IDUKKI VILLAGE, PIN - 685 602.

   RESPONDENTS/ RESPONDENTS:

      1. K.C VINCENT, AGED 49 YEARS, S/O VARKEY KALAYATHUMPARA, PUTHENPURAYIL
         HOUSE, MANIYARANKUDY P.O, IDUKKI VILLAGE, PIN - 685 602.
      2. ANIRUDH, S/O SOMAKUMARAN, AGED 23 YEARS, MATTATHU HOUSE, IDUKKI
         COLONY P.O, CHERUTHONI, IDUKKI VILLAGE, PIN - 685 602.
      3. ANUMOL SURAJ, D/O BHASKARAN, AGED 28 YEARS, PAPPADIYIL HOUSE, IDUKKI
         COLONY P.O, IDUKKI VILLAGE, PIN - 685602.
      4. ANEESH KUMAR, S/O BHASKARAN, AGED 28 YEARS, PAPPADIYIL HOUSE, IDUKKI
         COLONY P.O, IDUKKI VILLAGE, PIN - 685602


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to extend the period
   of depositing cost prescribed before the Hon'ble Munsiff Court, Thodupuzha
   as per judgment dated 16-10-2023.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof and this court's judgment dated
   16-10-2023 and upon hearing the arguments of M/S SACHIN RAMESH &
   T.S.ATHIRA, Advocates for the petitioners and of Sri. J.G. SYAMNATH,
   Advocate for the respondent 1 & Sri. K.M. JAMALUDHEEN, Advocate for the
   respondents 2 to 5, the court passed the following:

                                                                              [PTO]
 OP(C) No.1711/2023                       2/4



                                          1
      IA No.1 of 2023
      in
      OP(C) No.1711 of 2023


                                   C.S DIAS,J.
                                ---------------------------
                                 IA No.1 of 2023
                                          in
                            OP(C) No.1711 of 2023
                               -----------------------------
                     Dated this the 8th day of November, 2023

                                        ORDER

The application is filed to extend the time period

fixed by this Court in condition No.(ii) in the operative

portion of the judgment directing the petitioners to

deposit Rs.25,000/- before the court below before

27.10.2023 towards the compensatory costs of DW1.

2. The learned counsel appearing for the

petitioners submits that, it was due to an oversight on his

part, that the cost was not paid before 27.10.2023. He

inadvertently assumed that he had time till 27.10.2023.

 OP(C) No.1711/2023                          3/4




      IA No.1 of 2023
      in
      OP(C) No.1711 of 2023

3. Taking into consideration the above submission

and a lenient view in the matter, I am of the view that the

petitioners can be permitted to deposit the cost before

3.00 p.m today. Hence, the court below is directed,

notwithstanding the direction No.(ii) in the judgment, to

accept the cost of Rs.25,000/- from the petitioners, if the

same is tendered before 3.00 p.m today (8.11.2023).

Post on 9.11.2023.

H/o.

sd/-

      sks/8.11.2023                               C.S.DIAS, JUDGE




08-11-2023                    /True Copy/                  Assistant Registrar
 OP(C) No.1711/2023                 4/4




08-11-2023           /True Copy/         Assistant Registrar