Kerala High Court
Puthanpurayil Vinod vs Koorarath Thazha Kuni Syamala on 21 October, 2022
Author: M.R.Anitha
Bench: M.R.Anitha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 21st day of October 2022 / 29th Aswina, 1944
RSA NO. 457 OF 2022
AS 15/2020 OF ADDITIONAL DISTRICT COURT, VADAKARA
OS 33/2014 OF SUB COURT, VADAKARA
APPELLANT/RESPONDENT/PLAINTIFF:
PUTHANPURAYIL VINOD,S/O.CHATHU, AGED 38 YEARS, PUTHANPURAYIL HOUSE,
PURAMERI AMSOM AND DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. REP.
BY HIS WIFE AND POWER OF ATTORNEY HOLDER SANDHYA W/O.VINOD, RESIDING
AT PUTHANPURAYIL HOUSE, PURAMERI AMSOM,DESOM, VATAKARA TALUK,
KOZHIKODE-673 503.
BY ADVS.ATUL SOHAN,VINAI JOHN,R.REJI (ATTINGAL),SREEJA SOHAN
K.,K.V.SOHAN,
RESPONDENT/APPELLANT/DEFENDANT:
KOORARATH THAZHA KUNI SYAMALA,D/O.CHATHU, AGED 49 YEARS,
DOOR.NO.2/622, KOORARATH THAZHA KUNI (H), PURAMERI AMSOM AND DESOM,
VATAKARA TALUK, KOZHIKODE DISTRICT - 673503
BY ADV.SRI. K.M SATHYANATHA MENON K.M.
This Regular second appeal having come up for orders on 21.10.2022,
the court on the same day passed the following:
M.R.ANITHA, J.
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R.S.A.No.457 of 2022
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Dated this the 21st day of October, 2022
ORDER
C.M.Appl.No.1 of 2022:
Petition to condone the delay of 44 days in filing the petition.
Petitioner filed supporting affidavit through the power of attorney holder, wife contending that her husband was away in Gulf and due to the pandemic, she could not raise funds for meeting the expenses and that actually caused the delay of 44 days in filing the appeal.
Learned counsel for the respondent objects the petition. Having regard to the averments in the affidavit and facts and circumstances and especially due to the fact that the delay caused is only 44 days, the delay condoned. Petition allowed.R.S.A.No.457/2022
2
R.S.A.:
There will be a direction to keep the revenue recovery proceedings in abeyance.
Petitioner to serve copy of the I.A.No.1/2022 to the learned Government Pleader.
Post on 27.10.2022. Sd/-
M.R.ANITHA
shg/ JUDGE
21-10-2022 /True Copy/ Assistant Registrar