BHARATAN Vs. BINU

JUDGEMENT

(1.) Among the afore two original petitions, O.P(C)No.462 of 2020 has been filed against Ext.P9 order therein, issued by the Court of the Additional District Judge, Thiruvananthapuram, dismissing an application for condonation of delay of 460 days in filing C.M.Appeal No.4 of 2020. The order challenged in the other original petition, namely O.P(C)No.229 of 2020, is the consequential one in the C.M.Appeal, dismissing it on the ground that the delay in preferring the same has not been condoned.

(2.) Compendiously, the issue between the parties in these cases, who are common, relate to a construction of a compound wall by the respondent. It appears that the respondent has obtained an order of injunction against the petitioner herein from causing any obstruction to him in constructing a compound wall in his property. It transpires that this order, which was issued in I.A.No.6355 of 2018, was taken up before the Trial Court itself by the petitioner herein, by filing a review petition, numbered as I.A.No.7976 of 2018; and that when it was dismissed, the petitioner approached this Court by filing O.P(C)No.3379 of 2019 on the allegation that the carbon copy of the same had not been issued by the Trial Court. This original petition was disposed of by this Court through a judgment dated 09/01/2020 in the following manner.

(3.) The records show that the petitioner thereafter filed C.M.Appeal No.4 of 2020 challenging the earlier order of the Trial Court in I.A.No.6355 of 2018; and along with, he filed I.A.No.2 of 2020 to condone the delay of 460 days in preferring the said appeal. It is this I.A. that has been now dismissed by the Trial Court, leading to the consequent dismissal of the C.M.Appeal, the order in which have been impugned by the petitioner in these original petitions.