Varughese @ Kuttachan vs Beena John on 17 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 77 of 2007()


1. VARUGHESE @ KUTTACHAN,S/O LATE MATHEW,
                      ...  Petitioner

                        Vs



1. BEENA JOHN, KALAPURACKAL VEEDU,
                       ...       Respondent

                For Petitioner  :SRI.P.VINODKUMAR

                For Respondent  :SRI.K.P.SREEKUMAR

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :17/11/2009

 O R D E R

R.BASANT & M.C.HARI RANI, JJ.

————————————————–

C.M.Application No.326 OF 2007
&
Mat.Appeal No. 77 OF 2007

—————————————————–

DATED THIS THE 17th DAY OF NOVEMBER, 2009

O R D E R /J U D G M E N T

Basant, J.

The petition to condone the delay was allowed as per order dated

9.10.2007 in C.M.Application No.326/2007 subject to conditions. The said

condition – payment of cost of Rs.1,000/- has not been complied with,

submits the learned counsel for the respondent. There is no representation

for the appellant/ petitioner. The learned counsel for the respondent submits

that the order impugned in this appeal has already been satisfied by the

appellant and he has produced before this Court a copy of the order dated

8.6.2009 in E.P.No.173/2008 in O.P.No.35/2004.

2. Inference is irresistible, in these circumstances, that the

appellant/petitioner does not want to prosecute the petition for condonation

of delay and the Mat.Appeal. This petition for condonation of delay and the

Mat.Appeal are in these circumstances dismissed.

R.BASANT, JUDGE.

M.C.HARI RANI, JUDGE.

dsn