IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 RP.No. 617 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.1537/2008 .................... REVIEW PETITIONER(S): APPELLANT ------------------------------- ILLATHUVALAPPIL KARTHIYAYINI, W/O.BALAN NAIR, VELLIYAMPARAMBA, MATTANNUR COLLEGE P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT/RESPONDENT: --------------- SPECIAL TAHSILDAR, LA, FOR AIRPORT, KANNUR, MATTANNUR. SR. G.P. SHRI VTK MOHANAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R IT IS REPORTED THAT THE COST ORDERED IN CM.APPLICATION NO.1144/10 WAS NOT PAID ON TIME. THERE IS NO REPRESENTATION FOR THE REVIEW PETITIONER. THE R.P. IS CLOSED. SD/- PIUS C.KURIAKOSE, JUDGE. 15-10-2010 SD/- C.K.ABDUL REHIM, JUDGE. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ----------------------------------------------- RP. No. 617 of 2010 in CM.Appln. No. 1620/08 in LAA. No. 1537 of 2008 ----------------------------------------------- Dated this the 8th day of June, 2011 O R D E R Pius C.Kuriakose, J. The appellant petitioner seeks review of the order of this Court in C.M. Appln. No. 1620/08 which was an application for condonation of delay on the ground that actually there was no delay. Under the order sought to be reviewed, this Court condoned the delay on condition that in case the appeal is allowed and enhancement is given the appellant will not be entitled for statutory interest under Section 28 during the period covered by the delay. Mr. Cibi Thomas argues that as the decree was amended the decree has become effective only from the date of the amendment and it is the amended decree which is under challenge. If period of limitation is calculated on the basis of the amended decree the appeal will be on time. We find force in the above submission. RP.617/10 -2- 2. Hence allowing the RP we recall the order dated 27- 8-2008 in C.M. Appln. No. 1620/08. The C.M. Application is dismissed as unnecessary. Post the appeal before the regular Bench. (PIUS C.KURIAKOSE, JUDGE) (C.K. ABDUL REHIM, JUDGE) ksv/-