STATE OF KERALA, REP. BY versus N.A.ABDULLA, S/O.ABU

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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STATE OF KERALA, REP. BY v. N.A.ABDULLA, S/O.ABU - LA App No. 731 of 2005 [2007] RD-KL 2744 (6 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 731 of 2005()

1. STATE OF KERALA, REP. BY
... Petitioner

Vs

1. N.A.ABDULLA, S/O.ABU,
... Respondent

For Petitioner :SRI.RAJAN JOSEPH, ADDL.A.G.

For Respondent :SRI.S.V.BALAKRISHNA IYER

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice K.T.SANKARAN

Dated :06/02/2007

O R D E R

KURIAN JOSEPH & K.T. SANKARAN, JJ.

................................................................................... C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 ...................................................................................

Dated this the 6th February, 2007

O R D E R

Kurian Joseph, J:

This is a petition to condone the delay of 773 days in filing the appeal against the judgment and decree dated 09.08.2002 in L.A.R.No. 28 of 2001 on the file of the Sub Court, Thrissur. It is seen from the counter affidavit filed by the claimant that the appellant had deposited the entire decree amount before the execution court as per the allotment dated 14.03.2003. On such deposit, the amount had been withdrawn by the respondent /claimant and Execution Petition itself was closed in January, 2004. The appeal is filed only on 21.02.2005. On the merits also, we find that the extent involved in this appeal is only 9 cents (0.0360 hectares). The property lies on the side of Thrissur- Shornur main road and the fixation is based on Ext. A4 proceedings regarding under valuation. The enhancement granted by the reference court based on evidence available  C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 2 in the case is only just and reasonable. For the reasons stated above, we dismiss this petition for condonation of delay in filing the appeal. KURIAN JOSEPH,

JUDGE.

K.T. SANKARAN,

JUDGE.

lk  C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 3

KURIAN JOSEPH & K.T. SANKARAN, JJ.

................................................................................... L.A.A. No. 731 OF 2005 ...................................................................................

Dated this the 6th February, 2007

J U D G M E N T

Kurian Joseph, J:

In view of dismissal of the petition to condone the delay in filing the appeal, this appeal is also dismissed. KURIAN JOSEPH,

JUDGE.

K.T. SANKARAN,

JUDGE.

 C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 4 lk

KURIAN JOSEPH & K.T. SANKARAN, JJ.

................................................................................... C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 ...................................................................................

Dated this the 6th February, 2007

O R D E R

Kurian Joseph, J:

This is a petition to condone the delay of 773 days in filing the appeal against the judgment and decree dated 09.08.2002 in L.A.R.No. 28 of 2001 on the file of the Sub Court, Thrissur. It is seen from the counter affidavit filed by the claimant that the appellant had deposited the entire  C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 5 decree amount before the execution court as per the allotment dated 14.03.2003. On such deposit, the amount had been withdrawn by the respondent /claimant and Execution Petition itself was closed in January, 2004. The appeal is filed only on 21.02.2005. On the merits also, we find that the extent involved in this appeal is only 9 cents (0.0360 hectares). The property lies on the side of Thrissur- Shornur main road and the fixation is based on Ext. A4 proceedings regarding under valuation. The enhancement granted by the reference court based on evidence available in the case is only just and reasonable. For the reasons stated above, we dismiss this petition for condonation of delay in filing the appeal. KURIAN JOSEPH,

JUDGE.

 C.M. APPLN. NO. 980 OF 2005 IN L.A.A. No. 731 OF 2005 6 K.T. SANKARAN,

JUDGE.

lk  KURIAN JOSEPH &

K.T. SANKARAN, JJ.

........................................................ L.A.A. No. 731 OF 2005 .........................................................

Dated this the 6th February, 2007

J U D G M E N T



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