Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4682 OF 2008
(Arising out of SLP©No.18015 of 2007)
Spl.Dy.Collector (LA),K.S.E.Bd. & Anr. …Appellants.
VERSUS
Pathu & Anr. …Respondents.
O R D E R
1. Delay condoned.
2. Leave granted.
3. Having heard the learned counsel for the parties and
after going through the averments made in the
application for condonation of delay in filing the appeal
and objections filed thereto, we are satisfied that the
appellants had made out sufficient cause for condoning
the delay of 530 days in filing the appeal subject to
payment of Rs.15,000/- as cost to be deposited by the
appellants within six weeks from this date with the
Registrar of the High Court of Kerala at Ernakulam.
Respondent shall be permitted to withdraw such amount
of costs, if deposited.
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4. We, accordingly, set aside the impugned order of the
High Court and condone the delay in filing the appeal.
We, however, make it clear that in default of deposit of
payment of the aforesaid amount to the respondents
within the time specified herein above, the appeal shall
stand dismissed and the impugned order shall stand
affirmed. The High Court is now requested to dispose of
the appeal on merits in accordance with law after hearing
the parties and after passing a reasoned order within
three months from the date of supply of a copy of this
order to the High Court.
5. Accordingly, the appeal is allowed. There will be no order as
to costs.
………………………J.
[Tarun Chatterjee]
New Delhi; ……………
……….J.
July 21, 2008. [Aftab Alam]
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