P. Sunitha Vs K.V. Jayaraj

High Court Of Kerala 31 Mar 2011 RP. No. 268 of 2011 in Mat. Appeal No. 779 of 2009
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

RP. No. 268 of 2011 in Mat. Appeal No. 779 of 2009

Hon'ble Bench

R. Basant, J; K. Surendra Mohan, J

Advocates

Binoy Vasudevan, for the Appellant; No Appearance, for the Respondent

Final Decision

Dismissed

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

R. Basant, J.@mdashThe Petitioner was the Appellant in Mat. Appeal No. 779/2009. When the appeal came up for hearing on 2.11.2010, it was

submitted that it is agreed that the appeal can be dismissed with the observation that the Appellant shall not be evicted from the residential building

till 31.3.2011. To enable the Appellant to take advantage of this concession, it was directed that the Appellant shall file an affidavit of unconditional

undertaking before the Execution Court within a period of one month that she shall surrender vacant possession without demand on 31.3.2011, at

the latest. It is submitted that such an affidavit has been filed, though belatedly.

2. The Petitioner has now come to this Court with this petition to condone the delay of 113 days in filing the review petition and to review the

judgment dated 2.11.2010. In the meantime, it is submitted that the Appellant had gone to the Supreme Court and the Supreme Court has

dismissed the SLP by Annexure-A order on 5.1.2011. It is at this juncture that the Petitioner has again come to this Court with this petition to

condone the delay and entertain the review petition.

3. We find no error apparent on the face of the record warranting or justifying the invocation of powers of review. Further, we do not find any

valid reasons to condone the long delay of 113 days. It appears to us that this petition has been filed on 25.3.2011 obviously to avoid the

obligation to surrender the possession on 31.3.2011. We are not persuaded to condone the delay or to entertain the review petition. This petition

for condonation of delay and the review petition are in these circumstances dismissed.