High Court of KeralaOP(C)/2408/2015disposed of

Peter v. Pallipuram Grama Panchayath

2015-10-07Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 OP(C).No. 2408 of 2015 (O) --------------------------- AS.NO. 89/2015 OF DISTRICT COURT, NORTH PARAVUR OS.NO. 509/2011 OF MUNSIFF COURT, NORTH PARAVUR ------------- PETITIONER(S):

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1. PETER, AGED 75 YEARS, S/O. PAILY, MALIYEKKAL, MUNAMBAM MURI, KUZHUPPILLY VILLAGE, KOCHI TALUK.

2. MARY PETER, AGED 62 YEARS, W/O. PETER, MALIYEKKAL, MUNAMBAM MURI, KUZHUPPILLY VILLAGE, KOCHI TALUK.

3. SONIYA, AGED 40 YEARS, W/O.NEPOLEAN, MALIYEKKAL, MUNAMBAM MURI, KUZHUPPILLY VILLAGE, KOCHI TALUK.

4. M.N. NAVEEN (MINOR), AGED 13 YEARS, S/O.NEPOLEAN, MALIYEKKAL, MUNAMBAM MURI, KUZHUPPILLY VILLAGE,KOCHI TALUK.

REP BY GUARDIAN AND MOTHER 3RD RESPONDENT, SONIYA.

5. SAVEEN, (MINOR), AGED 7 YEARS, S/O. NEPOLEAN, MALIYEKKAL, MUNAMBAM MURI, KUZHUPPILLY VILLAGE, KOCHI TALUK.

REP. BY GUARDIAN AND MOTHER 3RD RESPONDENT, SONIYA. BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENT(S):

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1. PALLIPPURAM GRAMA PANCHAYATH, REP. BY PALLIPPURAM GRAMA PANCHAYATH PRESIDENT. PIN-683 514

2. PALLIPPURAM GRAMA PANCHAYATH, REP. BY SECRETARY, PALLIPURAM GRAMA PANCHAYATH, PALLIPPURAM P.O., CHERAI, PIN-683 514 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 2408 of 2015 (O) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE APPEAL MEMORANDUM A.S.NO. 89/2015 IN THE FILES OF THE PRINCIPAL DISTRICT COURT, NORTH PARAVUR. WITHOUT DOCUMENTS.

EXHIBIT-P2TRUE COPY OF THE INJUNCTION PETITION IN I.A 575/2015 FILED BY THE PETITIONERS.

EXHIBIT-P3TRUE COPY OF THE DELAY CONDONATION PETITION I.A 576/2015 FILED BY THE PETITIONERS.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No. 2408 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2015

J U D G M E N T

Petitioner is the appellant in AS.No.59 of 2015 on the file of District Judge, North Paravur. There was a delay of 26 days in filing the appeal. He has filed Ext.P3 application to condone the delay. He has filed Ext.P2 application for injunction. His only prayer is to direct the District Judge to dispose of the applications without delay. I am satisfied that the request is reasonable.

In the result, this O.P is disposed of with a direction to the learned District Judge to first dispose of Ext.P3 application and if the appeal happens to be taken on file to dispose of Ext.P2 application within a reasonable time. If the petitioner makes an undertaking in the form of an affidavit that he will vacate the property within seven days in case his appeal happens to be dismissed, the order for eviction shall not be enforced till the application for delay condonation is disposed of.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge