The High Court dismissed a regular first appeal against a Sub Court order due to inordinate delay. A concurrent order rejected the condonation of delay application, leading to the dismissal of the appeal as barred by limitation.
The appeal dismissed as barred by limitation after rejection of condonation application.
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 P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939
RFA.No. 260 of 2016
AGAINST THE ORDER/JUDGMENT IN OS 432/2010 of SUB COURT, OTTAPPALAM DATED 30-09-2014
APPELLANT/DEFENDANT:
THE BLOCK PANCHAYATH, ATTAPPADY, AGALI POST, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, VIMAL RAJ K.K, S/O. P.KRISHNANKUTTY, AGED 31 YEARS.
BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD
RESPONDENT/PLAINTIFF:
GEOGY GEORGE, S/O.K.J GEORGE, AGED 48 YEARS, RESIDING AT KOTTUKAPPILLY HOUSE, 1/391(3), KALPATHY POST, PALAKKAD II VILLAGE, PALAKKAD TALUK, PALAKKAD 678 003.
BY ADV. SRI.K.L.VARGHESE (SR.) BY ADV. SMT.SANTHA VARGHESE BY ADV. SRI.RAHUL VARGHESE BY ADV. SRI.RANJITH VARGHESE
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN & R.NARAYANA PISHARADI, JJ.
R.F.A.No.260 of 2016
Dated this the 13th day of December, 2017
JUDGMENT
P.N.Ravindran, J.
We have by order passed today dismissed C.M.Appln.No.237 of 2016 to condone the delay of 496 days
in filing the appeal. Consequently this appeal is dismissed as
barred by limitation.
Sd/-
P.N.RAVINDRAN, JUDGE
Sd/-
R.NARAYANA PISHARADI, JUDGE
skj
1 issue framed by the court
Whether the appeal is maintainable when filed beyond the permitted limitation period.
The Block Panchayath, Attappady
Geogy George
P.N. Ravindran
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
