RAVEENDRAN, S/O PAZHANIMALA versus SAKUNTHALA, D/O PAZHANIMALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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RAVEENDRAN, S/O PAZHANIMALA v. SAKUNTHALA, D/O PAZHANIMALA - WP(C) No. 23741 of 2007(B) [2007] RD-KL 14925 (3 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23741 of 2007(B)

1. RAVEENDRAN, S/O PAZHANIMALA,
... Petitioner

Vs

1. SAKUNTHALA, D/O PAZHANIMALA,
... Respondent

2. KANAKALATHA ALIAS LATHA,

3. SHEEJA, D/O PAZHANIMALA,

For Petitioner :SRI.JACOB SEBASTIAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :03/08/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No.23741 OF 2007 B

Dated this the 3rd August, 2007.

JUDGMENT

This writ petition is filed challenging the order of the District Judge, Palakkad in refusing to condone the delay of 630 days in filing the appeal. The suit was one for partition and a preliminary decree had been passed. The contention of the petitioner is that he was away at Ooty and therefore he could not file the appeal in time. Just because a person is employed outside, it does not give a special ground for him to file the appeal whenever he chooses to do so. There must be sufficient reason. One cannot think that he was not in a position to visit the native place at all for more than two years. Further there will be some relatives as well. Without proper reasons delay cannot be condoned. There is gross negligence on the part of the writ petitioner. Therefore the court below has only applied its mind in the correct perspective and arrived at a proper decision, which does not call for an interference. Therefore writ petition lacks merit and is dismissed. M.N.KRISHNAN  WPC 2 Judge jj 

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