IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 838 of 2008()
1. DEVELOPMENT COMMISSI0NER,COCHIN EXPORT
... Petitioner
Vs
1. ANNIE JOSEPH VALLAMATTAM, VALLAMATTAMS,
... Respondent
2. V.J.KURIAN VALLAMATTAM, ADVOCATE,
3. V.M.KURIAN, ADVOCATE, VALLAMATTAMS,
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.MOHAN C.MENON
For Respondent :SRI.MATHEW B. KURIAN
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :14/01/2009
O R D E R
K.P.BALACHANDRAN, J.
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C. M. Appl. No.1041 of 2008 &
C. R. P. No.838 of 2008
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Dated this the 14th day of January, 2009
ORDER
This is an application seeking
condonation of delay of as much as 250 days in
filing the C.R.P. The impugned order is one
passed on 26/09/07 on E.P.219/03 in
L.A.R.450/1988 wherein the petitioner was the
second judgment debtor. Though order was
passed on 26/09/07, copy was applied for only
on 24/11/07, after about two months. Stamp
papers called for on 16/01/08 were produced on
21/01/08 and though copy was ready and
14/02/08 was fixed as the date to appear to
receive copy, copy was taken delivery of only
on 12/11/08. The delay sought to be explained
(though not satisfactory) is only the delay in
submitting copy application. There is
absolutely no explanation in the affidavit
C. M. Appl. No.1041 of 2008 &
C. R. P. No.838 of 2008 -2-
accompanying the C.M. Application as to why no
enquiry was made as to whether the copy was
ready and copy was taken delivery of only on
12/11/08, almost after nine months of the date
fixed to receive the copy. In the
circumstances, there is no reason or just and
sufficient cause to condone the delay of 250
days in filing the C.R.P. This C.M.
Application is hence, dismissed. Consequently,
the C.R.P also stands dismissed.
K.P.BALACHANDRAN,
JUDGE
kns/-