KALARIKKAL SREEDHARA PANICKER Vs. C MANIKANDAN

JUDGEMENT

(1.) THERE is a delay of 328 days in filing the Appeal. It is opposed. In the circumstances, we are inclined to condone the delay on payment of costs. Accordingly, the delay will stand condoned on payment of costs of Rs.5,000/=(Rupees Five Thousand) to be paid by the appellant to the learned counsel for the respondent within a period of one week. We are also proceeding to dispose of the Appeal on the basis that the costs will be paid.

(2.) APPELLANT is the defendant in OS.No.141/2006 and the petitioner in I.A.Nos.1040/10 and 1041/10. They are applications filed to set aside the ex parte decree and to condone the delay. The said application for condonation of delay (IA.No.1040/10) has been dismissed by the court below.