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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., J.
LUCY VERGHESE – Petitioner
Versus
BALAGOPALAN C.K. S/O GOPALAN NAIR – Respondent
W.P. (C) No. 31982 of 2022
Decided On : 09-02-2023
Counter affidavit - Adjournment to file a reply - Petitioner seeks an adjournment to file a reply to counter affidavit filed by respondent.
Findings of the Court:
Interim order is revived and extended by a period of ten days.
Result: Ordered accordingly.
ORDER :
1. The learned counsel appearing for the petitioner seeks an adjournment to file a reply to the counter affidavit filed by the respondent.
2. The interim order is revived and extended by a period of ten days.
3. Post on 15.02.2023.
Interim order is revived and extended by a period of ten days.
Court can extend deadlines for filings in matters of estate and probate while ensuring justice is served without unnecessary delay.
The court emphasizes the requirement for petitioners to actively participate in proceedings to avoid dismissal for non-prosecution.
The court affirms the necessity of allowing adequate time for petitioners to respond to supplementary affidavits for fair legal representation.
Timely filing of counter-affidavits is crucial, and the court may impose costs for any delay.
The court has the discretion to grant adjournments upon request by the petitioner's counsel.
The court has the discretion to defer the hearing and extend deadlines for submissions based on the circumstances of incomplete pleadings and missing documents.
Court upheld petitioners' right to interim protection while anticipatory bail applications are pending, balancing justice and safety.
A party must demonstrate diligence in presenting evidence, but courts may grant additional opportunities to file evidence in the interest of justice, subject to conditions such as the payment of cost....
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