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RAJEEVALOCHANAN, S/O.RAMAKRISHNAN versus ISMAIL FAROOK

High Court of Kerala

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RAJEEVALOCHANAN, S/O.RAMAKRISHNAN v. ISMAIL FAROOK - WP(C) No. 4935 of 2006(K) [2007] RD-KL 15923 (17 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4935 of 2006(K)

1. RAJEEVALOCHANAN, S/O.RAMAKRISHNAN,
... Petitioner

Vs

1. ISMAIL FAROOK,
... Respondent

2. C.K.MOHAMMED, S/O.MAMMI HAJI,

3. CHANDRAMOHAN, S/O.RAMAKRISHNAN,

For Petitioner :SRI.JACOB SEBASTIAN

For Respondent :SRI.V.GIRI

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :17/08/2007

O R D E R

KURIAN JOSEPH J. W.P.(C) No.4935 of 2006 Dated 17th August, 2007.

J U D G M E N T

Ext.P5 order passed by the lower appellate court, dismissing an application for condonation of 12 days' delay in filing the appeal is under challenge. It is seen from the proceedings that the delay occurred mainly because the petitioner had to spent his time for treating his son. However, the lower appellate court dismissed the application on the ground that there was no proper explanation for the delay from 17.11.2004 to 22.11.2004.

2. Having heard counsel on both sides, I am of the view that it is only in the interests of justice that the delay is condoned and the petitioner is granted an opportunity to prosecute his case on merits. Accordingly, Ext.P5 order is set aside. I.A.2146/04 in C.M.A.100/04 on the file of the District Judge, Palakkad will stand allowed. The District Court will dispose of the appeal on merits within a period of four months from the date of receipt of a copy of the judgment.

KURIAN JOSEPH, JUDGE.

tgs OP NO. 2


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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