SHERIFA CHERUKUNHI BEEVI Vs. SHERIFA SAINABA BEEVI

JUDGEMENT

(1.) By filing this revision petition the petitioner who is the second respondent in M.C.No.38 of 2009 on the files of the Judicial First Class Magistrate-I, Kozhikode is challenging the order of learned Sessions Judge, Kozhikode, and the dismissal of Crl.Appeal No.418 of 2016. The appeal was dismissed by the learned Sessions Judge as the petition to condone the delay of 1068 days in filing the appeal was not condoned.

(2.) The relevant facts required for disposal of this revision petition in brief are as follows:

(3.) The said order was challenged by this revision petitioner in Crl.Appeal No. 418 of 2016 with a delay of 1068 days. The Appellate Court on the finding that the revision petitioner could not offer satisfactory explanation, refused to entertain the appeal resulting dismissal of the same. When this order is challenged before this Court in this revision petition, the matter has been taken up for settlement between the parties through mediator, but not settled in mediation. Though this revision petition is filed challenging the judgment dated 18.1.2017 in Crl.Appeal No.418 of 2017, the second respondent herein expressed his willingness to comply with the direction of the learned Judicial first Class Magistrate and to provide alternate accommodation to the first respondent by constructing a separate house with all the required facilities. In fact he has constructed a new building for accommodating the first respondent and his daughter. A commissioner was appointed to inspect and report about the facilities available in the building constructed by him and also to report whether the newly constructed building is suitable for accommodation and whether it has road access towards the public road.