Arun Bose vs Pushpa Bose
2024 Latest Caselaw 13673 Ker

Kerala High Court

Arun Bose vs Pushpa Bose on 27 May, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

RFA No.34/2024                              1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                           &
                     THE HONOURABLE MR. JUSTICE HARISANKAR V.MENON
                 Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
                        CM.APPL.NO.1/2024 IN RFA NO. 34 OF 2024

                    OS 88/2017 OF   ADDITIONAL SUB COURT,KOTTAYAM

   APPLICANT/APPELLANT:

          ARUN BOSE, AGED 44 YEARS, S/O LATE DR. P.K.SUBHASH BOSE, SOUPARNIKA
          HOUSE, MUDIYOORKKARA KARA, PERUMBAIKADU VILLAGE, KOTTAYAM TALUK,
          GANDHI NAGAR P.O, KOTTAYAM DISTRICT, PIN: 686008, NOW RESIDING AT
          C202, R & S RIVIERA, RACHENAHALLI, THANISANDRA, BANGALORE-77
          KARNATAKA. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER DEEPA KANNAN,
          AGED 37 YEARS, W/O KANNAN P.K, PUTHENPARAMBIL, ARPOOKARA P.O,
          ARPOOKARA VILLAGE, GANDHINAGAR, KOTTAYAM-686008. NOW RESIDING AT
          FLAT NO.4F, MARUTHAM GATEWAY, PETTAH, PALLIMUKKU,
          THIRUVANANTHAPURAM, PIN - 695024

   RESPONDENTS/RESPONDENTS:

      1. PUSHPA BOSE, AGED 63 YEARS, W/O.LATE DR.SUBASH BOSE.P.K., RESIDING
         AT SOUPARNIKA HOUSE, MUDIYOORKKARA KARA,PERUMBAIKADU VILLAGE,
         KOTTAYAM TALUK, GANDHINAGAR P.O, KOTTAYAM, PIN - 686008

         AND 6 OTHERS

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to condone the delay
   of 98 days in filing the Regular First Appeal against judgment and decree
   dated 23/02/2023 in O.S No.88 of 2017 on the files of the Additional Sub
   Court Kottayam.

        This Application again coming on for orders upon perusing the
   application and the affidavit filed in support thereof,and this court's
   order dated 22/03/2024 and upon hearing the arguments of M/S.V.P.MOHAMMED
   NIYAZ, M.P.MUHAMMAD FAZIL, SHEREEF J.,AUGNES LOVELY FRANCIS, Advocates for
   the petitioner and of SRI.A.S.P.KURUP,SRI.SADCHITH.P.KURUP,SRI.C.P.ANIL
   RAJ, SRI.SIVA SURESH, SMT.RESHMA RAJ, SMT.ATHIRA VIJAYAN, SMT.B.SREEDEVI,
   Advocates for R3, the court passed the following:

                                                     (P.T.O.)
 RFA No.34/2024                               2/2




                                             ORDER

Notice issued to the 4th respondent returned with an endorsement unclaimed; that issued to the 5th respondent returned with an endorsement 'deceased'; and that issued to the 7th respondent returned with an endorsement 'addresee left without instructions'.

The learned counsel for the appellant seeks time to take necessary steps by filing appropriate applications.

List on 12/06/2024, along with connected case.

Sd/- ANIL K.NARENDRAN, JUDGE

Sd/- HARISANKAR V.MENON, JUDGE

27-05-2024 /True Copy/ Assistant Registrar