IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 6970 of 2008(D) ------------------------- PETITIONER: ------------ UNNI M.S., AGED 48 YEARS S/O.MELEPPURATH VASU GOVINDAN EZHUTHACHAN NELLIKURISSI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. KRISHNANKUTTY S/O.MELEPPURATH VASU GOVINDAAN EZHUTHACHAN NELLIKURISSI, CHUNANGAD, OTTAPALAM TALUK PALAKKAD DISTRICT. 2. PARUKUTTY AMMA W/O.MELEPPURATH VASU GOVINDAN EZHUTHACHAN NELLIKURISSI, CHUNANGAD, OTTAPALAM TALUK PALAKKAD DISTRICT. 3. UNNIKRISHNAN S/O.MELEPPURATH VASU GOVINDAN EZHUTHACHAN NELLIKURISSI, CHUNANGAD, OTTAPALAM TALUK PALAKKAD DISTRICT. 4. KRISHNAKUMARI D/O. MELEPPURATH VASU GOVINDAN EZHUTHACHAN NELLIKURISSI, CHUNANGAD, OTTAPALAM TALUK PALAKKAD DISTRICT. 5. DEVI AMMA,W/O.LATE NARAYANAN EZHUTHACHAN ROHINI HOUSE, CHELAKKARA, THALAPPALLY TALUK THRISSUR DISTRICT. BY ADV. SRI.P.SHRIHARI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.6970/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF UNNUMBERED APPEAL MEMORANDUM DATED 9.4.07 ON THE FILE OF THE SUB COURT, OTTAPPALAM. EXT.P2: TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER WHICH IS UNNUMBERED IN THE UNNUMBERED APPEAL DATED 9.4.07. EXT.P3: TRUE COPY OF I.A.No.1052/07 IN UNNUMBERED APPEAL BEFORE THE SUB COURT, OTTAPPALAM DATED 29.3.2007. EXT.P4: TRUE COPY OF THE OBJECTION FILED BY THE FIRST RESPONDENT DATED 10.1.2008. EXT.P5: TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT DATED 11.1.2008. EXT.P6: TRUE COPY OF THE AFFIDAVIT DATED 28.1.2008 FILED BY THE PETITIONER TO RECEIVE THE DOCUMENTS. TRUE COPY M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6970 OF 2008 --------------------- Dated this the 17th day of March, 2008 JUDGMENT This writ petition is filed with a prayer to the Subordinate Judge, Ottappalam, to consider and dispose of IA 1052/07, which is a petition to condone the delay of 292 days in preferring an appeal against the final decree passed by the Munsiff, Ottappalam. 2. At the outset, I direct the appellate court first to number the appeal as per the circulars issued by the High Court on the administrative side as Circular No.22/1968. The grievance of the writ petitioner is that he has been very badly affected by the order of the Munsiff court. As he was away at Arunachal Pradesh he could not move the court in time and therefore has filed an application to condone the delay and to receive the appeal. I direct the Subordinate Judge, Ottappalam to consider and dispose of Ext.P3 (IA 1052/)7) on or before 5.4.08, after hearing all concerned. Till that time the Munsiff, Ottappalam, is directed not to effect delivery of the property. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps