Jayachandran vs Sunitha

Type Court Judgment Court Kerala Decided Jan 31, 2024

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https://sooperkanoon.com/case/1292220

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Citation: sooperkanoon.com/1292220
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman,Honourable Mr. Justice C.Pratheep Kumar
Decided On: Jan 31, 2024
Case Number: Mat.Appeal/302/2014

Parties & Advocates

Appellant / Petitioner

Jayachandran

Respondent

Sunitha

Excerpt

in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman & the honourable mr. justice c.pratheep kumar wednesday, the 31st day of january 2024 / 11th magha, 1945 against the judgment in os 307/2003 of family court,kollam appellant/defendant: jayachandran aged 42 years s/o.raghavan achari, thettethekkadathu tharavil, krishnapuram p.o., krishnapuram village, kayamkulam. by advs. sri.k.siju smt.bindu george respondent/plaintiff: sunitha aged 43 years d/o.seethamma, nediyavila, house no.148, vikas nagar, t.k.m.c.p.o., mangad village, kollam-691015. this matrimonial appeal having come up for admission on 31.01.2024, the court on the same day delivered the following:judgmentheard the learned counsel for the appellant.2. in view of the fact that there is no sustainable reasonstated to justify the delay of 1606 days in filing this appeal and since the delay petition had not been brought up after notice was issued thereon in april, 2014, we are of the opinion that there is absolutely no justification in considering the delay application at this distance of time. we also notice that there is no proper explanation for the delay.in the above view of the matter, the application for condonation of delay is dismissed and consequently, the appeal shall also stand dismissed. anu sivaraman c.pratheep kumar rp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 AGAINST THE JUDGMENT IN OS 307/2003 OF FAMILY COURT,KOLLAM APPELLANT/DEFENDANT: JAYACHANDRAN AGED 42 YEARS S/O.RAGHAVAN ACHARI, THETTETHEKKADATHU THARAVIL, KRISHNAPURAM P.O., KRISHNAPURAM VILLAGE, KAYAMKULAM. BY ADVS. SRI.K.SIJU SMT.BINDU GEORGE RESPONDENT/PLAINTIFF: SUNITHA AGED 43 YEARS D/O.SEETHAMMA, NEDIYAVILA, HOUSE NO.148, VIKAS NAGAR, T.K.M.C.P.O., MANGAD VILLAGE, KOLLAM-691015. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Heard the learned counsel for the appellant.

2. In view of the fact that there is no sustainable reason

stated to justify the delay of 1606 days in filing this appeal and since the delay petition had not been brought up after notice was issued thereon in April, 2014, we are of the opinion that there is absolutely no justification in considering the delay application at this distance of time. We also notice that there is no proper explanation for the delay.

In the above view of the matter, the application for condonation of delay is dismissed and consequently, the appeal shall also stand dismissed. ANU SIVARAMAN C.PRATHEEP KUMAR rp

Same Court & Year Kerala · 2024 Same Parties Jayachandran vs Sunitha Same Judge Honourable Mrs. Justice Anu Sivaraman,Honourable Mr. Justice ...