The Regular First Appeal was dismissed as barred by limitation, as the court dismissed the admonition application to condone the 707-day delay. The appellant is ordered to refund half the court fee.
Refund of one-half of the court fee paid on the memorandum of appeal.
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 DEVAN RAMACHANDRAN
FRIDAY, THE 20TH DAY OF OCTOBER 2017/28TH ASWINA, 1939
RFA.No. 480 of 2017 ()
AGAINST THE DECREE/JUDGMENT IN OS 41/2011 of PRINCIPAL SUB COURT, ALAPPUZHA DATED 28-06-2013
APPELLANT/DEFENDANT :
JOMON JOSEPH, S/O. JOSEPH, CHEKKATHARA HOUSE, CHERUKARA MURI, KAVALAM P.O, KAVALAM VILLAGE, KUTTANADU TALUK, ALAPPUZHA.
BY ADVS.SRI.C.V.MANUVILSAN SRI.OOMMEN M. MATHEW SMT.K.VIDYA SRI.VINODE V. LUKA
RESPONDENT/PLAINTIFF :
VIJAYAKUMAR,
AGED 41, S/O. DAYALAN, THIRUVATHIRA CHIRAYINIKKARA, VAZHICKAL P.O, OTTASHEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695 125.
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
vpv
P.N.RAVINDRAN & DEVAN RAMACHANDRAN, JJ.
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R.F.A.No.480 of 2017
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Dated this the 20th day of October, 2017
JUDGMENT
P.N.Ravindran, J.
We have by order passed today dismissed C.M.Appln.No.495 of 2017 to condone the delay of 707 days in filing this appeal. Consequently this appeal is dismissed as barred by limitation. Needless to say, the appellant will be entitled to refund of one-half of the court fee paid on the memorandum of appeal (one-half of Rs.23,205/-) after deducting the commission paid to the vendor, in terms of the decision of the Full Bench of this court in Sukumaran
Nair v. Special Tahsildar (2009 (4) KLT 342).
Sd/-
P.N.RAVINDRAN
JUDGE
Sd/-
DEVAN RAMACHANDRAN JUDGE
/true copy/
P.A. To Judge
vpv
2 issues framed by the court
Whether the appeal is maintainable despite a delay of 707 days in filing.
Whether an order condoning the delay should have been passed.
Colour shows how this judgement treated each authority
Sukumaran Nair v. Special TahsildarExplained¶22
Sukumaran Nair v. Special Tahsildar (2009 (4) KLT 342)
Jomon Joseph
Vijayakumar
P.N. Ravindran
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.N. Ravindran and Devan Ramachandran
Parties & counsel
