IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 RSA.No.672 of 2005 (E) ---------------------------- AS.50/2000 of III ADDL. DISTRICT COURT, THODUPUZHA OS.95/1996 of SUB COURT,KATTAPPANA .................... APPELLANT/APPELLANT/PLAINTIFF: -------------------------------------------- REJI W/O. VARGHESE K.V., PANAMPILLY NAGAR, KOCHI, ERNAKULAM DISTRICT NOW RESIDING AT 302, BLUE LAGOON APARTMENTS, WATER FRONT ROAD, ELAMKULAM, KOCHI-20. BY ADV. SRI.K.SURENDRA MOHAN SRI.RAJESH KUMAR T.K RESPONDENTS/RESPONDENTS/DEFENDANTS: ------------------------------------------------------ 1. N.S. PETER, S/O. SAVARIRAJ UDAYAR, NETTANMAI HOUSE, RAYAPPANPATTY, UTHAMAPALAYAM TALUK, THENI DISTRICT. 2. N.R. PICHAMUTHU, S/O. R.S. RAYAPPAN, UDAYAR RAYAPPANPATTY, UTHAMAPALAYAM, THENI DISTRICT. 3. DAVID, S/O. N.R. PICHAMUTHU, RAYAPPANPATTY, UTHAMAPALAYAM TALUK, THENI DISTRICT. BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R2 & R3 SRI.P.GOPAL FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.Appl.No.439 of 2005 in R.S.A.No.672 of 2005 --------------------------- JUDGMENT This is an application for condonation of delay of 96 days in filing the appeal. In the affidavit filed by the counsel for the appellant, who was appearing in the court below in A.S.No.50/00, he has stated that the appeal was disposed of on 13.8.2004; that his Clerk was on leave for twenty days from 3.8.2004 till 23.8.2004; that therefore, he entrusted another Clerk to file application for obtaining certified copies of the judgment and decree; that the Clerk told him that application was filed on 14.8.2004 itself; that since the copies were not received and even the stamp papers were not called for despite lapse of months, his Clerk made enquiries in the office of the District Court on 14.1.2005 and then he was informed that no copy application was filed and that immediately on the next day, i.e. on 15.1.2005, a copy application RSA 672/05 2 was made and certified copies of the judgment and decree were received on 29.1.2005, but, this appeal could be filed only as late as on 3.3.2005. 2. There is no explanation for the delay even in the affidavit filed by the appellant in support of the application for condonation of delay as to why it so happened that despite receipt of copies on 29.1.2005, the appeal was filed only as late as on 3.3.2005, in a case where sufficient delay had already occurred. I do not find any reason why the delay from 29.1.2005 to 3.3.2005 is to be condoned, even accepting the affidavits of the appellant as also her counsel, who was appearing in the court below. In the result, I dismiss this C.M. Application for want of any just and sufficient cause for condonation of delay. Consequently, the Regular Second Appeal also stands dismissed. 2nd July, 2008 (K.P.Balachandran, Judge) tkv