IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5679 OF 2008
(Arising out of SLP)No.9532 of 2007)
State of Kerala & Anr. ....Appellants
Versus
Wilson K.C.& Ors. ....Respondents
ORDER
1. Leave granted.
2. This appeal is directed against the judgment and
final order dated 20th of March, 2007 in Writ Appeal
No.2342 of 2006 passed by the High Court of Kerala
at Ernakulam by which the application for
condonation of delay of 116 days in filing the
aforesaid writ appeal was rejected.
3. We have heard the learned counsel for the parties
and perused the application for condonation of
delay of 116 days and the explanation given by the
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State of Kerala, the appellant herein, and also the
objections filed thereto, we are of the view that the
appellants, namely, the State of Kerala have made
out sufficient cause for condonation of delay in
filing the appeal. Accordingly, the impugned order is
set aside and the writ appeal is restored to its
original file. The Division Bench of the High Court is
requested to dispose of the writ appeal after giving
hearing to the parties and after passing a reasoned
order in accordance with law preferably within six
months from the date of communication of this
order to it.
4. The appeal is allowed to the extent indicated above.
There will be no order as to costs.
...........................J.
[Tarun Chatterjee]
New Delhi; ...........................J.
September 16, 2008. [Aftab Alam]
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