IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 AS.No. 542 of 1998() -------------------- (AGAINST THE JUDGMENT IN OS.311/1992 DT.15.11.94 of I ADDL.SUB COURT, KOZHIKODE) .................... APPELLANT(S): -------------- DIRECTOR OF STATE LOTTERIES, KERALA, TRIVANDRUM BY SR. GOVERNMENT PLEADER SRI.LAKSHMI NARAYAN RESPONDENT(S): --------------- 1. MATTAPOYIL SURESH, S/O.NAMBARU AGED 20 YEARS, RESIDING AT MATTAPOYIL PALATH AMSOM AND DESOM KOZHIKODE TALUK 2. N RAMDAS, S/O.CHATHU, AGED ABOUT 30 YEARS CHELANNUR VILLAGE, KOZHIKODE ADV. SRI.T.G.RAJENDRAN SRI.P.RAMAKRISHNAN NAIR THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ CMP NO.4410/98 in AS 542/98 & AS 542 OF 1998-A ------------------------------------------------------------------------- Dated 12th August 2009 Judgment RAMAN, J. CMP No.4410/98 is a petition to condone the delay of 1084 days in filing the appeal. The appeal was filed as early as in 1998 and the delay petition comes up for orders only in 2009. Be that it may, the affidavit filed in support of the petition to condone the delay states that the dispute in the suit is between two private parties in the matter of entitlement of the prized amount in the State Lottery. Rs.25 lakhs is the prized amount. The Director of State Lotteries was included in the party array. 2. The suit was decreed and there was also an appeal before this court. According to the petitioner, the decree was passed on 15.11.1994 and the copy application was filed only on 24.09.1997. The delay of three years for applying for the copy is not explained. According to the appellant he is aggrieved because when he received notice in the execution petition, he found that the claim is for an amount of Rs.25 lakhs. That is AS 542/98 2 perhaps the reason for filling this appeal. 3. We have gone through the copy of the order issued by the Director of State Lotteries, which clearly shows that the amount of income tax was deducted pursuant to the judgment of this court in AS No.256/95. Accordingly, the income tax due by each of the parties was deducted and paid over to the Central Government and only the balance is deposited, which has been withdrawn by the parties also. Therefore, the decree stands satisfied. In the absence of any dispute, at present, it is unnecessary to file any appeal. The delay is not properly explained. In such circumstances, the delay petition is dismissed. Consequently, the appeal is also dismissed. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta AS 542/98 3 AS 542/98 4