Eliya v. Velu,(Died) Legal Heirs Impleaded
Case brief
What is this about?
The High Court set aside the first appellate court's dismissal of the appellants' petition for condonation of delay in filing the second appeal. The Court remanded the matter for a fresh consideration of the delay petition after providing an opportunity to the parties to adduce evidence.
What did the court decide?
Set aside the order in I.A. No.3274/2012 regarding dismissal of delay petition. Remitted to the First Appellate Court for fresh consideration after evidence adduction.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
RSA NO. 592 OF 2017
AGAINST THE DECREE AND JUDGMENT DATED 28.03.2017 IN A.S.NO.252/2012
ON THE FILE OF THE ADDITIONAL DISTRICT COURT-IV, THRISSUR AND AROSE
FROM THE JUDGMENT AND DECREE DATED 29.03.2010 IN O.S.NO.2832/2006 ON
THE FILES OF THE ADDITIONAL MUNSIFF COURT-II, THRISSUR
APPELLANTS/APPELLANTS IN A.S/PLAINTIFF AND DEFENDANTS 2,5,6,7,11 & 12
IN O.S.:
1 ELIYA W/O.CHIRAMMAL ITTIACHAN, CHIRAMMEAL HOUSE, PULLU VILLAGE & DESOM, THRISSUR TALUK
2 CHANDRAN S/O. KOKKARNIKKAL GANGADHARAN, KOKKARNIKKAL HOUSE, PULLU VILLAGE & DESOM, THRISSUR TALUK
Issues for consideration
2 issues framed by the court
Whether the lower appellate court's dismissal of the application for condonation of delay of 730 days in filing the appeal was correct in law.
Whether the appellants should be afforded an opportunity to adduce evidence to justify the condonation of delay in the first appeal.
Parties & counsel
- appellant
ELIYA W/O.CHIRAMMAL ITTIACHAN
- appellant
CHANDRAN S/O. KOKKARNIKKAL GANGADHARAN
- appellant
ANTHONY S/O. KOKKARNIKKAL SANKARAN
- appellant
KOCHUMARIYAM D/O. KOKKARNIKKAL SANKARAN
- appellant
NALINI W/O. KOKKARNIKKAL GANGADHARAN
- appellant
Case details
As recorded by the court registry
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