The High Court of Kerala dismissed a civil miscellaneous application seeking condonation of a 1686-day delay in filing a matrimonial appeal. The court held that the petitioner's reasons regarding poverty and misplaced records were insufficient under law.
The civil miscellaneous application seeking condonation of delay is dismissed. The mother appeal is dismissed.
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C.M.A 1/2019 AND MAT APPEAL 666/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941
Mat.Appeal.No.666 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 748/2013 DATED 20-05-2014 OF FAMILY COURT, MAVELIKKARA
APPELLANT/S:
JOSE KOSHY AGED 55 YEARS S/O. LATE P. K KOSHY, KAROTT VEEDU, ULLANNOR P. O., KOZHANCHERY, PATHANAMTHITTA - 689503.
BY ADVS. SRI.V.JOHN MANI SRI.S.JAYANT SHRI.VARGHESE SABU SMT.MANJU ELSA ISAC
RESPONDENT/S:
SHERLY JOSE AGED 53 YEARS W/O. JOSE KOSHY, CHAMAKKALAYIL PUTHENVEEDU, AYRANIKUDI P. O., PANDALAM, MAVELIKARA, ALLEPPY DISTRICT - 689505.
R1 BY ADV. SRI.M.T.SURESHKUMAR R1 BY ADV. SMT.MANJUSHA K
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.M.A 1/2019 AND MAT APPEAL 666/2019
ORDER/JUDGMENT
C.S.DIAS, J.
The petitioner, who is the appellant in Mat.Appeal No.666/2019, has filed this civil miscellaneous application seeking to condone the delay of 1686 days in filing the appeal.
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C.M.A 1/2019 AND MAT APPEAL 666/2019
objection. According to the respondent, the petitioner had received around Rs 9,00,000/- from the bank authorities and his allegation that he is in poverty is false.
accompanying the application, we do not find the petitioner has made out sufficient cause to condone the inordinate delay of 1686 days in filing the appeal, which is also disputed by the respondent.
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C.M.A 1/2019 AND MAT APPEAL 666/2019
not setting aside the ex-parte decree is extracted by us; which is not a sufficient cause. The reason given in the present affidavit is not appealing to us and is considered insufficient to condone the inordinate delay of 1686 days.
Sd/-
K.HARILAL JUDGE
SKS/7.12.2019 JUDGE
2 issues framed by the court
Whether to condone the inordinate delay of 1686 days in filing the matrimonial appeal.
Whether the causes stated in the affidavit for the delay constitute sufficient cause under the law.
JOSE KOSHY
SHERLY JOSE
K. HARILAL
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
