The High Court of Kerala dismissed a Civil Revision Petition seeking condonation of a 250-day delay. The court found the explanation unsatisfactory and absent, holding no just cause for condonation.
Condonation of 250-day delay in filing the C.R.P. dismissed; C.R.P. dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930
CRP.No.838 of 2008 (G)
---------------------------AGAINST THE ORDER IN EP.219/03 IN LAR.450/1988 of I ADDL.SUB COURT,ERNAKULAM
REVN. PETITIONER/JUDGEMENT DEBTOR(2)
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DEVELOPMENT COMMISSI0NER,COCHIN EXPORT PROCESSING ZONE, (NOW CALLED COCHIN SPECIAL ECONIMIC ZONE), KAKKANAD, KOCHI-682037.
BY ADV. SRI.MOHAN C.MENON
RESPONDENTS: DECREEE HOLDER/ 1 TO 3 & JUDGEMENT DEBTOR 1 --------------------------------------------------------------------------------
1. ANNIE JOSEPH VALLAMATTAM, VALLAMATTAMS, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI-18.
2. V.J.KURIAN VALLAMATTAM, ADVOCATE, VALLAMATTAMS, OLD RAILWAY STATION ROAD,ERNAKULAM, KOCHI-18.
3. V.M.KURIAN, ADVOCATE, VALLAMATTAMS, I.S.PRESS ROAD, ERNAKULAM.
4. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM.
ADV. SRI.MATHEW B. KURIAN FOR R1 TO 3 SMT.TULASI PANICKER FOR R1 TO 3 SRI.K.T.THOMAS FOR R1 TO 3
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.P.BALACHANDRAN, J.
C. M. Appl. No.1041 of 2008 & C. R. P. No.838 of 2008
Dated this the 14th day of January, 2009
ORDER
This is an application seeking condonation of delay of as much as 250 days in filing the C.R.P. The impugned order is one passed on 26/09/07 on E.P.219/03 in L.A.R.450/1988 wherein the petitioner was the second judgment debtor. Though order was passed on 26/09/07, copy was applied for only on 24/11/07, after about two months. Stamp papers called for on 16/01/08 were produced on 21/01/08 and though copy was ready and 14/02/08 was fixed as the date to appear to receive copy, copy was taken delivery of only on 12/11/08. The delay sought to be explained (though not satisfactory) is only the delay in submitting copy application. There is absolutely no explanation in the affidavit
C. M. Appl. No.1041 of 2008 & C. R. P. No.838 of 2008
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accompanying the C.M. Application as to why no enquiry was made as to whether the copy was ready and copy was taken delivery of only on 12/11/08, almost after nine months of the date fixed to receive the copy. In the circumstances, there is no reason or just and sufficient cause to condone the delay of 250 days in filing the C.R.P. This C.M. Application is hence, dismissed. Consequently, the C.R.P also stands dismissed.
K.P.BALACHANDRAN, JUDGE
kns/-
1 issue framed by the court
Whether there is just and sufficient cause to condone a delay of 250 days in filing the civil revision petition.
REVN. PETITIONER/JUDGEMENT DEBTOR
DEVELOPMENT COMMISSIONER, COCHIN EXPORT PROCESSING ZONE
ANNIE JOSEPH VALLAMATTAM
V.J.KURIAN VALLAMATTAM
V.M.KURIAN
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR ERNAKULAM
K. P. BALACHANDRAN
As recorded by the court registry
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