IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 RSA.No.606 of 2004 (E) ---------------------------- AS.26/1998 of SUBORDINATE COURT,THALASSERY OS.357/1995 of M.C.,KANNUR .................... APPELLANT/APPELLANT/PLAINTIFF ------------------------------------------- THETTATH VALAPPIL JANARDHANAN, S/O.KANNAN, BUSINESS, RESIDING AT SAROJINI NIVAS, KANAYANNUR P.O., MOWANCHERRY. BY ADV. SRI.P.R.VENKATESH RESPONDENTS: RESPONDENTS/DEFENDANTS ----------------------------------------------------- 1. VALLUVA MARI KARTHIYAYANI, W/O.KUNHIRAMAN, PAROTHUMCHAL HOUSE, KANHIRODE AMSOM, DESOM. 2. VELLUVA MARI NALINI, D/O. KARTHIYAYANI, TEACHER, RESIDING DO. DO. 3. VELLUVA MARI PRABHAKARAN, S/O. KARTHIYAYANI, URBAN BANK, KUTHUPARAMBA, RESIDING AT KANACHERI, P.O. EACHUR. 4. VELLUVA MARI LAKSHMANAN, S/O.KARTHIYAYANI,BANK CLERK, RESIDING AT PAROTHUMCHAL HOUSE, KANHIRODE AMSOM, DESOM. 5. VELLUVA MARI MOHANAN, S/O.KARTHIYAYANI, TEACHER, RESIDING DO. DO. 6. VELLUVA MURI VALSAN, S/O.KARTHIYAYANI, RESIDING AT DO. DO. 7. VELLUVA MARI SUSHAMA, D/O.KARTHIYAYANI, RESIDING AT DO. DO. RSA.No.606 of 2004 (E) -2- 8. AMBAN JANAKI, W/O.KRISHNAN, RESIDING AT DO. DO. 9. AMBAN UTHAMAN, RESIDING AT DO. DO. 10. AMBAN JAYAN, RESIDING AT DO. DO. 11. AMBAN UMA, D/O.JANAKI, DO. DO. 12. AMBAN SREEJA, D/O.JANAKI. DO. DO. BY ADV. SMT.VIDHYA. A.C FOR R9 TO10 SRI.V.RAJAGOPAL FOR R3 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.340 of 2004 & R. S. A. No.606 of 2004 ------------------------------------------------ Dated this the 29th day of May, 2008 JUDGMENT This R.S.A is posted at Bench today as steps to complete service of notice on R5, R6, R8 and R12 is not taken by the appellant. The notice to be so served is not in the appeal, but in the C.M. Application No.340/04. Though the C.M. Application is pending for the last four years, the appellant could not take steps and have service completed therein. On perusal of the C.M. Application, it is seen that the application is for condonation of delay of as much as 235 days in filing the appeal. The judgment under appeal was delivered on 16/09/02; copy application was made on 19/09/02; date fixed to receive copy was on 11/03/03 and copy was received only on 19/03/03. Appeal was filed as late as on R. S. A. No.606 of 2004 -2- 27/01/04. In the affidavit filed by the appellant in support of the application for condonation of delay, the explanation for the delay is that he was laid up due to severe back pain due to disc prolapse and he was not in a position to travel long distance and he was under the treatment during these period and immediately on getting recovery from the severity of the disease, he contacted his counsel at Ernakulam on 19/01/04 and made arrangements for preferring appeal and there is no wilful laches on his part in preferring appeal and the delay of 235 days in preferring the appeal has therefore, to be condoned. 2. Apart from the mere allegation made by the appellant that he was having back pain due to disc prolapse, absolutely no medical record is produced to show that he was ailing and bedridden for such a long time so as to have this appeal filed with a delay of 235 days. On R. S. A. No.606 of 2004 -3- such mere excuse such long delay cannot be condoned to the prejudice of the respondent in whose favour decree has been passed by the court below so as to upset the rights that have accrued to the respondent. There is no just and sufficient cause to condone the delay. 3. In the result, I dismiss this C.M. Application refusing to condone the delay of 235 days in filing the appeal. Consequently, the R.S.A also stands dismissed. K.P.BALACHANDRAN, JUDGE kns/-