C. RAMADASAN Vs. MADHAVAN

JUDGEMENT

(1.) Being aggrieved by Ext.P6 order passed by the Appellate Authority (LR), Kannur refusing to condone delay in filing appeal and dismissing I.A.No.225 of 2013 in A.A.No.79 of 2013 is challenged by the first respondent therein.

(2.) The first respondent in A.A.No.79 of 2013 had initiated proceedings before Land Tribunal, Thaliparamba in O.A. No.4304 of 1976 for assignment and by order dated 8.5.1976, his claim was upheld. The sole respondent, who contested the OA is the second respondent in AA No.79 of 2013. Following Ext.P1 order in OA 4304 of 1976, Purchase Certificate was also issued.

(3.) The first respondent in this OP, who was not made a party to the OA proceedings was aggrieved by the purchase certificate issued since according to him, he too was a sharer in the property and without him being heard, the purchase certificate ought not to have been legally issued. He therefore, filed AA.No.79 of 2013 before the Appellate Authority (LR), Kannur challenging Ext.P1 order in OA.4304 of 1976. He admitted that appeal was delayed by 13,635 days and sought to condone the delay on the ground that he got knowledge of the purchase certificate only when it was produced by the respondent in O.S.43 of 2012. The plea for condonation of delay was opposed by the first respondent in appeal and he contended that sufficient cause pleaded in support of condonation of delay was factually wrong.