IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 637 of 2009()
1. BEEVATHU, D/O KUNJU MUHAMMED,
... Petitioner
Vs
1. KASIM, S/O AMMANATH MUSTHAFA,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/08/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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R.P.NO. 637 OF 2009
in
R.S.A.NO.1009 OF 2005
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Dated 6th August 2009
O R D E R
This petition is filed under Order 47 Rule 1
of Code of Civil Procedure to review the judgment
dismissing the second appeal consequent to the
dismissal of C.M.A.646/2005, an application filed
under Section 5 of the Limitation Act to condone the
delay. C.M.A.646/2005 was in fact originally
allowed on payment of cost of RS.1,000/- within two
weeks from 17/9/2007 making it clear that in default
the petition will stand dismissed. As the cost was not
paid within time, it was dismissed. Consequently
the appeal was also dismissed. Case of the petitioner
is that the failure to comply with the condition
within the time was not willful or due to negligence
but was an inadvertent omission and petitioner had in
fact paid the cost to the respondent and in such
circumstances, the order dismissing the application
for condonation of delay as well as dismissal of the
RP 637/09
2
appeal are to be reviewed.
2. Learned counsel appearing for the
respondent submitted that as cost has been received by
the respondent, respondent has no objection for
allowing the application.
3. In such circumstances, R.P.637/2009 is
allowed. Order dismissing C.M.P.646/2005 and consequent
dismissal of R.S.A.1009/2005 dated 10/10/2007 are
reviewed. As the delay stands condoned on payment of
cost, post the appeal for admission before the
appropriate court.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.