Karthikeyan vs Letha

Karthikeyan vs LETHA

Type Court Judgment Court Kerala Decided Jan 29, 2021

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https://sooperkanoon.com/case/1677425

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Citation: sooperkanoon.com/1677425
Court: Kerala High Court
Judge: Honourable Mr. Justice Sathish Ninan
Decided On: Jan 29, 2021
Case Number: OP(C)/1460/2020

Parties & Advocates

Appellant / Petitioner

Karthikeyan

Respondent

LETHA

Excerpt

.....2021judgmentby way of this original petition filed on 28.09.2020, the petitioners seek to challenge anorder dated 09.10.2013 dismissing a restorationapplication and a delay condonation application. the suit is of the year 2006. it was decreed ex parte. the petitioners filed ia 3105/2007 seeking to set aside the ex parte decree. the said application was dismissed for default. ia 466/2013 was filed seeking restoration of the said application. since there was a delay of 1876 days, another application - ia 467/2013 was filed seeking to condone the delay. the learned munsiff dismissed the applications as per order dated 09.10.2013.2. the order passed in 2013 is sought to be challenged seven years later, in this original petition. the original petition is highly belated. there is no whisper in the original petition -: 2 :- regarding the delay. i decline to exercise the jurisdiction under article 227 of the constitution of india. the original petition is dismissed. sd/- sathish ninan judge kns/- //true copy// p.s. to judge appendix petitioner's/s exhibits:exhibit p1 true photostat copy of the plaint in exhibit p2 true photostat copy of i.a.no.466/2013 in exhibit p3 true photostat copy of i.a.no.467/2013 in exhibit p4 true photocopy of the objection ini.a.no.467/2013 in o.s.no.414/2006 on the exhibit p5 true photocopy of the objection in i.a.no.466/2013 in o.s.no.414/2006 on the exhibit p6 true copy of the common order in i.a.no.466/2013 and i.a.no.467/2013 in court,cherthala dated 09.10.2013. ------------

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 AGAINST THE ORDER ORDER DATED 09.10.2013 IN I.A.NO.466/2013 AND ----------- PETITIONERS/DEFENDANTS IN OS 414/2006 :
1 KARTHIKEYAN AGED 79 YEARS S/O ITTAMAN,CHANIYIL HOUSE, CMC-8,CHERTHALA.P.O,KOKKOTHAMANGALAM VILLAGE,CHERTHALA EAST MURI, CHERTHALA TALUK,ALAPPUZHA DISTRICT. 2 SOBHANAVALLY, AGED 70 YEARS W/O KARTHIKEYAN,CHANIYIL HOUSE, CMC-8,CHERTHALA.P.O, KOKKOTHAMANGALAM VILLAGE, CHERTHALA EAST MURI,CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.VARGHESE C.KURIAKOSE SRI.P.J.JOSE SMT.JISA P.JOSE SHRI.SUSANTH SHAJI
RESPONDENT/PLAINTIFF IN OS 414/2006 : LETHA W/O KARUNENDRA PRASAD,ALAPPATTU VEEDU, CHERTHALA KIZHAKKUM MURI, KOKOTHAMANGALAM VILLAGE,CHERTHALA TALUK, ALAPPUZHA DISTRICT-688301. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
Dated this the 29th day of January, 2021

JUDGMENT

By way of this original petition filed on 28.09.2020, the petitioners seek to challenge an

order dated 09.10.2013 dismissing a restoration

application and a delay condonation application. The suit is of the year 2006. It was decreed ex parte. The petitioners filed IA 3105/2007 seeking to set aside the ex parte decree. The said application was dismissed for default. IA 466/2013 was filed seeking restoration of the said application. Since there was a delay of 1876 days, another application - IA 467/2013 was filed seeking to condone the delay. The learned Munsiff dismissed the applications as per order dated 09.10.2013.

2. The order passed in 2013 is sought to be challenged seven years later, in this original petition. The original petition is highly belated. There is no whisper in the original petition -: 2 :- regarding the delay. I decline to exercise the jurisdiction under Article 227 of the Constitution of India. The Original Petition is dismissed. Sd/- SATHISH NINAN JUDGE kns/- //True Copy// P.S. to Judge APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE PHOTOSTAT COPY OF THE PLAINT IN
EXHIBIT P2              TRUE PHOTOSTAT COPY OF I.A.NO.466/2013 IN
EXHIBIT P3              TRUE PHOTOSTAT COPY OF I.A.NO.467/2013 IN
EXHIBIT P4              TRUE PHOTOCOPY OF THE OBJECTION IN

I.A.NO.467/2013 IN O.S.NO.414/2006 ON THE EXHIBIT P5 TRUE PHOTOCOPY OF THE OBJECTION IN I.A.NO.466/2013 IN O.S.NO.414/2006 ON THE EXHIBIT P6 TRUE COPY OF THE COMMON ORDER IN I.A.NO.466/2013 AND I.A.NO.467/2013 IN COURT,CHERTHALA DATED 09.10.2013. ------------

Same Court & Year Kerala · 2021 Same Parties Karthikeyan vs LETHA Same Judge Honourable Mr. Justice Sathish Ninan