Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Xaviour vs State Of Kerala

High Court Of Kerala|11 June, 2014
|

JUDGMENT / ORDER

Harun-Ul-Rashid, J.
C.M.Appl.No.270/2014 is filed seeking to condone the delay of 1767 days in filing the appeal. The Judgment and decree in LAR.No.180/2000 on the file of the Sub Court, Kollam were passed on 29/1/2008. We have examined the reasons stated in the affidavit filed in support of the petition for condonation of delay. No satisfactory reasons are stated in the affidavit. It is pleaded that the appellant could not file the appeal in time due to lack of proper communication from the office of his counsel. We find that the appeal was preferred after inordinate delay of 1767 days. The reasons stated in paragraph 4 are not sufficient to condone even a reasonable period of delay.
2. In the counter affidavit filed by the respondent it is pointed out that the judgment was passed as early as on 29/1/2008, that the enhanced amount awarded by the reference court was deposited before that court on 20/1/2010 and that the appellant had -2-
C.M.APPL.No.270 OF 2014 & L.A.A.No.268/2014 received the said amount on 3-4-2010 by filing cheque application. From the counter affidavit, it is seen that the enhanced compensation awarded by the reference court was withdrawn by the claimant on 3/4/2010. He preferred this appeal only after three years of receipt of the compensation. There is every justification in the contention in the contention raised by the respondent that filing of the present appeal is an after thought on experimental basis. We do not find any reason to condone the inordinate delay of 1767 days. Petition is dismissed.
Consequently, the appeal stands dismissed.
HARUN-UL-RASHID, Judge.
kcv.
ANIL K.NARENDRAN, Judge.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Xaviour vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 June, 2014
Judges
  • Harun Ul Rashid
  • Anil K Narendran
Advocates
  • Sri Pratheesh P