Original Petition was filed to set aside an order and condone appeal delay. Court, on admission, recorded that the petition was not pressed due to filing of a regular second appeal. Consequently, the original petition stands dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
OP(C) NO. 1659 OF 2023
AGAINST THE ORDER IN I.A.NO.1/2022 DATED 26.06.2023 IN
A.S.NO.39/2022 BEFORE THE SUBORDINATE JUDGES COURT, KOYILANDY
PETITIONERS/PETITIONERS/APPELLANTS:
1 KOLATHUMKUNNUMMAL KUNHEKKAN
S/O. KANIYAN, AGED 68 YEARS, COOLIE,
KUNNATH KUNIYIL HOUSE, AMSOM, KALLODE DESP,
QUILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673305
2 KOLATHUMKUNNUMMAL NARAYANI AGED 63 YEARS, D/O. RAMAN, KUNNOTH KUNIYIL HOUSE, ERAVATTOR AMSOM, KOZHIKODE DISTRICT, PIN - 673305 BY ADVS.TINU T.JOSEPH
B.N.SHIVSANKAR
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1GANAPATHIKANDY KUNHIRAMAN
S/O. KUNHIRAMUNNI, AGED 63 YEARS, NURSING ASSISTANT,
ERAVATTOR AMSOM, KALLODE DESOM, QUILANDY TALUK,
KOZHIKODE DISTRICT, PIN - 673325
2THEKKEDATH VIJITHA
D/O. KUNHIRAMAN, AGED 52 YEARS, TEACHER,
GANAPATHIKANDI HOUSE, ERAVATTOR AMSOM,
KOZHIKODE DISTRICT, PIN - 673524
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA(K/76/2010)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No. 1659 of 2023
2
JUDGMENT
Dated this the 14th day of November, 2023
This original petition (civil) has been filed under Article 227 of the Constitution of India to set aside order in I.A. No.1/2022 dated 26.06.2023 in A.S. No.39/2022 on the files of the Court of the Subordinate Judge, Koyilandy and to condone delay of 684 days in filing the appeal.
Recording the submission, this original petition (civil) stands dismissed as not pressed.
Sd/-
A. BADHARUDEEN JUDGE
SK
O.P.(C) No. 1659 of 2023
3
APPENDIX OF OP(C) 1659/2023
PETITIONERS’ EXHIBITS :
Exhibit P1TRUE COPY OF THE I.A. NO. 1/2022 IN
A.S.NO.39/2022 DATED 10/8/2022 SUBORDINATE
JUDGES COURT KOYILANDY.
Exhibit P2TRUE COPY OF THE COUNTER STATEMENT FILED IN
I.A. I NO.1/2022 DATED 9/1/2023. SUBORDINATE
JUDGES COURT KOYILANDY.
Exhibit P3TRUE COPY OF THE IMPUGNED ORDER IN THE I.A
1/22 IN A.S.NO.39/2022 DATED 26/6/2023
SUBORDINATE JUDGES COURT KOYILANDY.
RESPONDENTS’ EXHIBITS : NIL
KOLATHUMKUNNUMMAL KUNHEKKAN
KOLATHUMKUNNUMMAL NARAYANI
GANAPATHIKANDY KUNHIRAMAN
THEKKEDATH VIJITHA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court