IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 50    OF 2009

[Arising out of SLP(C) No. 6945/2006]

MANOJ MENON ... APPELLANT(S)

:VERSUS:

E.K. ABDUL HAMMED AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, although we agree that

the impugned judgment passed by the High Court suffers from no legal infirmity, but

in the peculiar facts and circumstances of this case and, particularly, we  having been

taken through the entire records by the learned counsel  for the parties, are of the

opinion that the appellant  may be given an opportunity before the High Court to

argue the matter on merit of the appeal.  

We  make  it  clear  that  we  have  passed  this  order  keeping  in  view  the

peculiar  facts  and  circumstances  of  this  case  and,  in  particular,  the  relationship

between the appellant, on the one hand, and the defendant No.2 and defendant No.3,

on the other.  We  further make it clear that  

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we are passing this order in exercise of our discretionary jurisdiction under Article

142 of the Constitution of India with a view to do complete justice to the parties.

As a sum of Rs. 50 thousands has been deposited by the appellant in terms

of the order passed by this Court on 3.4.2006, which amount, admittedly, has been

withdrawn  by the plaintiff-respondent No.  1,  we are of  the opinion that  the  said

amount  may be  treated to  be  the  costs  payable  by  the  appellant  for  the  purpose

condonation of delay.

The appellant, however, shall pay a further sum of  Rs. 25 thousands to the

plaintiff-respondent No.1 by way of costs of this appeal.   

We would request the High Court to consider the desirability of disposing

of the appeal as expeditiously as possible and preferably within a period of six weeks

from the date of receipt of a copy of this order.            

The  appeal  is  disposed  of  with  the  aforementioned  observation  and

direction.

..........................J (S.B. SINHA)

..........................J   (V.S. SIRPURKAR)    NEW DELHI, JANUARY 5, 2009.