IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 18123 of 2007(G)
1. RADHAKRISHNAN, S/O KANDAMUTHAN,
... Petitioner
Vs
1. SELVAM, S/O RAJAPPAN,
... Respondent
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/06/2007
O R D E R
M.N. KRISHNAN, J.
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W.P.(C) No. 18123 OF 2007 G
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Dated this the 15th June, 2007
J U D G M E N T
This writ petition is filed seeking a direction to
the District Court, Palakkad, to pass a judgment and
decree consequent to the dismissal of I.A. 781/2006 in
unnumbered Appeal of 2007 to enable the petitioner to
prefer a second appeal. The writ petitioner filed an
appeal before the District Court with a petition to
condone the delay of 698 days. The court was
dissatisfied with the reasons alleged in the petition
for condoning the delay and therefore dismissed the
application. So, as a corollary the District Judge
should have dismissed the appeal as well and I am
informed that it is not done. In order to enable a
party to file a second appeal as per law the delay
condonation application as well as the appeal has to be
dismissed. Since I am informed it is not done, a
direction is given to the District Judge to dispose of
the appeal itself in the light of his order in I.A. No.
781/06. Since it is apprehended that execution
proceedings will be further pursued I direct the
WPC No. 18123/2007 -2-
executing court not to proceed with the execution
petition E.P. No. 253/05 for a period of six weeks.
The writ petition is disposed of accordingly.
M.N. KRISHNAN
JUDGE
jan/
