Spl. Dy. Collector (La),
K. S. E.Bd. & ANR Vs. Pathu & ANR  INSC 1196 (21 July 2008)
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 &
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
Respondent shall be
permitted to withdraw such amount of costs, if deposited.
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.
the appeal is allowed. There will be no order as to costs.