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K.M.ABDUL GAFOOR,KATTUNGAL VEEDU versus RAMACHANDRAN,W/O.ABDUL GAFOOR,KATTUNGAL

High Court of Kerala

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K.M.ABDUL GAFOOR,KATTUNGAL VEEDU v. RAMACHANDRAN,W/O.ABDUL GAFOOR,KATTUNGAL - RCRev No. 129 of 2007 [2007] RD-KL 11567 (29 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev No. 129 of 2007()

1. K.M.ABDUL GAFOOR,KATTUNGAL VEEDU,
... Petitioner

2. ZUBAIDA,W/O.ABDUL GAFOOR,KATUNGAL VEEDU,

Vs

1. RAMACHANDRAN,W/O.ABDUL GAFOOR,KATTUNGAL
... Respondent

For Petitioner :SRI.JOHN NUMPELI (JUNIOR)

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :29/06/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

R.C.Rev.No.129 OF 2007 and C.M.Appl.No.396 of 2007 Dated 29th June, 2007

ORDER

Koshy,J

. C.M.Appl.No.396 of 2007 is a petition for condoning the delay of 99 days in filing the revision petition. The appellate order was passed as early as on 22.6.2006 confirming the order of the rent control court finding that the real tenant was not made a party. The reasons stated for condoning the delay are not satisfactory and hence the petition is liable to be dismissed. In the above circumstances, we are of the opinion that petitioners will be free to file eviction petition against the respondent or the real tenant or both taking all the grounds available at the time of filing the petition. Without prejudice to that right, both delay condonation petition as well as revision petition are dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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