NON REPORTABLE

 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

O R D E R  

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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