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2025 Supreme(Online)(Ker) 57436

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
SALIM R. – Appellant
Versus
POWER GRID CORPORATION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PRATHEESH.P, SMT.RENY ANTO
For the Respondents: SMT.S.L.SHYLAJA, SRI.MILLU DANDAPANI

Table of Content
1. compensation enhancement under statutory provisions. (Para 1)
2. court's rejection of petitioner's delay explanation. (Para 2)
3. affirmation of lower court’s discretion. (Para 3)
4. insufficient cause for delay leads to dismissal. (Para 4 , 5)

ORDER

The revision petitioner is the petitioner in O.P.(Electricity) No.215/2008 on the files of the Additional District Court-I, Kollam, which was filed under Sections 10 and 16(3) of the Indian Telegraph Act , 1885 read with Section 51 of the Indian Electricity Act , 1910, seeking enhancement of compensation awarded by the 1st respondent- Corporation, for the trees cut and removed from his property for the purpose of drawing 400 kV electric line/ erecting tower from Madurai to Thiruvananthapuram. The said petition was dismissed for default by order dated 01.07.2011 for non-representation and for non-production of documents. The petitioner filed I.A. No.692/2017 under Order IX Rule 9 and Section 151 CPC to restore the original petition and I.A. No.693/2017 under Section 5 of the Limitation Act to condone the delay of 2082 days in filing the restoration application. It was contended by the learned counsel for the petitioner

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