High Court Kerala High Court

K.E.Narayanan Namboodiri vs Pallikovil Valsan on 2 June, 2009

Kerala High Court
K.E.Narayanan Namboodiri vs Pallikovil Valsan on 2 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 52 of 2004()


1. K.E.NARAYANAN NAMBOODIRI,
                      ...  Petitioner

                        Vs



1. PALLIKOVIL VALSAN, S/O. LAKSHMI,
                       ...       Respondent

2. K.HARIKRISHNAN, S/O. ANANDAN,

                For Petitioner  :SRI.V.RAMKUMAR NAMBIAR

                For Respondent  :SRI.K.V.SOHAN

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :02/06/2009

 O R D E R
                     P.R. RAMAN & P. BHAVADASAN, JJ.
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                               F.A.O. No. 52 of 2004
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                     Dated this the 2nd day of June, 2009.

                                        JUDGMENT

Bhavadasan, J,

The appellant challenges the order dated 31.10.2002 in

E.A. 147 of 2002 and E.A.148 of 2002 in E.P. 222 of 1999.

2. E.A. No.147 of 2002 was filed to condone the delay in

filing E.A. 148 of 2002. E.A. 148 of 2002 was to set aside the sale

certificate issued to the first respondent in execution proceedings in

decree in O.S. 211 of 1997. Since the application was filed long after

the prescribed period, the court below dismissed the same. The

appellant was unable to show any legal or factual infirmity in the order

of the court below and the court below rightly dismissed the

application as out of time. No grounds are made out to interfere with

the order of the court below.

The appeal is without merit and it is accordingly dismissed.

P.R. Raman,
Judge

P. Bhavadasan,
Judge

sb.