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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
GEORGE ANTONY – Appellant
Versus
ALBERT ANTONY – Respondent
| Table of Content |
|---|
| 1. the appeal questions the dismissal of a delay condonation application. (Para 1 , 2) |
| 2. counsel arguments focused on the court's discretion regarding delay. (Para 3 , 5) |
| 3. the court discussed the significance of property rights and delay. (Para 6 , 7 , 8) |
| 4. the court asserted a liberal approach to condoning delays. (Para 9 , 10 , 12 , 13) |
| 5. the court restored the appeal, emphasizing justice. (Para 14) |
JUDGMENT
The order of the District Court in dismissing an application to condone the delay of 444 days and consequently dismissing the appeal itself is called into question in this appeal. Has the District Court shown insensitiveness while dismissing the application for condonation of delay is the prime concern of this Court in this appeal. Further this Court is also called upon to consider the question whether the principles governing the construction of sufficient cause while considering an application under Section 5 of the Limitation Act, 1963 has to be applied “conscientiously” while considering a litigation touching the property rights of litigants.
2. The brief facts necessary for the disposal of the appeal are as follows:
The appellants preferred IA No.1 of 2023
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