The High Court dismissed a civil revision petition and an application to condone a delay of 627 days, holding that the complete lack of explanation for the delay precluded condonation of time.
Application for condonation of delay and the Civil Revision Petition were dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932
CRP.No. 595 of 2010() --------------------LAR.54/1989 of PRL.SUB COURT,KOTTAYAM
REVN. PETITIONER(S): IST JUDGMENT DEBTOR IN E.P.
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.
GOVERNMENT PLEADER SRI.B.JAYASOORYA
RESPONDENT(S): DECREE HOLDER & 2ND JUDGMENT DEBTOR IN E.P.
ADV. SRI.ABRAHAM GEORGE JACOB FOR R1
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------C.R.P.No.595 of 2010 D & C.M.Appl.No.736 of 2010
Dated this the 20th day of January, 2011
O R D E R
C.M.Appl.No.736 of 2010
This is an application to condone the delay of 627 days in filing the Revision Petition. The order impugned in the revision was passed by the executing court, in E.P.No.411 of 1997 in L.A.R.No.54 of 1989, Sub Court, Kottayam, on 23.10.2008. Copy application was filed on 11.3.2010. It was delivered on 19.5.2010. It is stated that it was forwarded to the District Collector and thereafter to the Advocate General's office and then to the Government Pleader. The revision was filed on 8.11.2010. There is absolutely no explanation why the copy was not applied for after 23.10.2008 till 11.3.2010. The delay in filing the
C.R.P.No.595 of 2010 2 & C.M.Appl.No.736/2010
revision is not properly explained at all. When there is a complete dearth of explanation, the delay cannot be condoned. Therefore, the application for condonation of delay is dismissed.
C.R.P. No.595 of 2010
The application for condonation of delay is dismissed. Accordingly, the Civil Revision Petition is also dismissed.
K.T.SANKARAN
JUDGE
csl
C.R.P.No.595 of 2010 & C.M.Appl.No.736/2010
3
2 issues framed by the court
Whether condonation of delay in filing a civil revision petition is permissible in the absence of a satisfactory explanation for the delay.
Whether the delay of 627 days in filing a copy of an application to the District Collector and thereafter requires explanation.
Scariah, S/o. Kurian
Director of Educational Institutions, Mahatma Gandhi University
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
