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PANNERI KUNHATI K versus KADEMBERI DEVASWOM

High Court of Kerala

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PANNERI KUNHATI K v. KADEMBERI DEVASWOM - CRP No. 2327 of 1993(B) [2007] RD-KL 763 (10 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 2327 of 1993(B)

1. PANNERI KUNHATI K
... Petitioner

Vs

1. KADEMBERI DEVASWOM
... Respondent

For Petitioner :SRI.C.MURALIKRISHNAN (PAYYANUR)

For Respondent :SRI.O.RAMACHANDRAN NAMBIAR

The Hon'ble MR. Justice K.S.RADHAKRISHNAN

Dated :10/01/2007

O R D E R

K. S. RADHAKRISHNAN, J.

CRP. NO. 2327 OF 1993

Dated this the 10th day of January, 2007.

O R D E R

This revision petition was filed against the order in I.A. No. 21 of 1990 and A.A. 43 of 1990. I.A. 21/1990 was preferred by the revision petitioner herein for condonation of delay in filing the appeal. I.A. was dismissed by the Appellate Authority.

2. It is stated by the petitioner before the Appellate Authority that, he came to know of the order of the Tribunal only on 09.01.1990, though the order was passed on 20.10.1976. Even before passing the order on 20.10.1976 by the Land Tribunal, he had already obtained jenmam right over the applicant's property vide order in O.A 6847/76. He was already armed with a favourable order in O.A. 6847/76, then if he was aware of the order dated 20.10.1976, he would have filed the appeal in time. Evidently, the petitioner was not aware of the order and hence there was a delay of more than 13 years in filing the appeal.

3. Considering the fact that the revision petitioner came to know of the order of the Land Tribunal only on 09.01.1990 and the jenmam right has already been assigned in his favour vide order in O.A. 6847/76, I am inclined to allow I.A. 21/1990. Consequently, the order passed by the Appellate Authority is set aside. Delay in filing the appeal stands condoned with a direction to the Appellate CRP. 2327/1993 2 Authority to take back AA. 43/1990 and dispose of the same on merits, after issuing notice to the parties. Appellate Authority is directed to dispose of the case within a period of six months from date of receipt of copy of this order. This revision petition is allowed.

K. S. RADHAKRISHNAN, JUDGE.

smp


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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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