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2021 Supreme(Ker) 719

SHAJI P.CHALY, MURALI PURUSHOTHAMAN
Abdul Wahab S/o Ibrahim Musaliar – Appellant
Versus
Kerala State Electricity Board, Rep. by its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: N.N. Sugunapalan, Sunil J. Chakkalackal, V. Deepa, R. Suraj Kumar.
For the Respondents: Raju Joseph, C. Joseph Antony.

ORDER :

1. The said application is filed by the review petitioner seeking to condone the delay of 1103 days in filing the review petition. The judgment in which review sought was dismissed on 12.11.2015. The case projected by the petitioner is that, later when coercive proceedings were initiated to sell the property of the petitioner, W.P. (C) No. 34933/2018 was filed, which was disposed on 29.11.2018, leaving open the liberty of the petitioner to approach the Division Bench seeking review of the judgment in W.A. No. 1867/2015 and till 20.12.2018, the coercive proceedings were directed to be kept in abeyance. The record of proceedings show that the review petition was filed on 22.12.2018 and it was lying dormant in the registry till it was posted before the bench on 13.08.2021 for condoning delay of 206 days in re-presenting the review petition after curing the defect. On that day the re-presentation delay was condoned.

2. The paramount contention advanced in the delay condonation petition is that the petitioner is entitled to secure the benefit of regulation 40 of the Kerala Electricity Supply Code, 2014 and that was not a subject matter considered in the writ petition, leading to t

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