The President, Y’S Men’S Club Of Kakkengad vs. Anil. P.I
Held
The High Court dismissed the petition for expeditious disposal, noting that the stay application could only be considered after the delay in filing the CMA was condoned. It found no justification for rushing to the High Court for a recently filed stay petition, but allowed the petitioners to file an application before the Sub Judge to expedite the hearing of both the delay condonation petition and the stay petition.
Facts
The petitioners, appellants in a Civil Miscellaneous Appeal (CMA) before the Additional Sub Court, Thalassery, sought expeditious disposal of their stay application. The CMA itself was filed with a petition to condone delay, and the stay application was filed recently on November 10, 2023.
Key Issues
Whether the High Court should direct expeditious disposal of a stay application in an appeal when the appeal's maintainability is contingent upon a pending delay condonation petition.
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Heard together (2 matters)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 OP(C) NO. 2674 OF 2023 AGAINST CMA 22/2023 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, THALASSERY PETITIONERS/APPELLANTSS: 1 THE PRESIDENT, Y'S MEN'S CLUB OF KAKKENGAD AGED 57 YEARS (PO) KAKKENGAD VENUGOPALAN .K.T, S/O K.NARAYANAN NAMBIAR , SINDHU NIVAS', THALIPOYIL ,(PO) MUZHAKKUNNU , KANNUR., PIN - 670673 2 THE DISTRICT GOVERNOR OF DISTRICT NO. 4 AGED 61 YEARS STEPHEN MATHEW, S/O V.V. MATHEW PENSIONER, VANIYAKIZHAKKEYIL HOUSE, ULIKKAL.(PO) VAYATHOOR AMSOM AND DESOM , IRITTY TALUK,KANNUR, PIN - 670703 3 K RANJITH KUMAR AGED 57 YEARS S/O K K PADMANABHAN NAIR, PENSIONER,NIRMALYAM ,(PO) POOKODE, PATTIAM AMSOM AND DESOM, THALASSERY THALUK, PIN - 670691 BY ADVS. P.ANOOP (MULAVANA) HEERAKRISHNA T.H. RESPONDENTS/RESPONDENTS: 1 ANIL. P.I REGIONAL DIRECTOR, Y'S MEN'S INTERNATIONAL, WEST INDIA REGION ANIL VILLA, PULIKKOTTIL HOUSE, THRISSUR ROAD, KUNNAMKULAM, PIN - 680503 2 MICHEAL K. MICHEAL (RD ELECT) AGED 66 YEARS S/O MICHEAL ,BUSINESS KODUMKAYATHIL, (PO) PAYAM, , ARALAM AMSOM AND DESOM, IRITTY TALUK, KANNUR, PIN - 670704 3
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