IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WA.No. 692 of 2007(E) --------------------- (AGAINST THE JUDGEMENT IN WPC.20378/2004 Dated 19/10/2006 ) .................... APPELLANTS/RESPONDENTS ------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. THE CHIEF OF ARMY STAFF, ARMY HEADQUARTERS, NEW DELHI. 3. THE ENGINEER IN CHIEF'S BRANCH/E IC(4), ARMY HEADQUARTERS, KASHMIR HOUSE, DHQ PO, NEW DELHI. 4. THE OFFICER COMMANDING, DEPOT BATTALION, BOMBAY ENGINEER GROUP, KIRKEE, PUNE - 411 003 BY ADV. SRI.P.PARAMESWARAN NAIR,ASGI. RESPONDENT/PETITIONER ------------------------- SMT.K.JAYASREE, VALIL VADAKKATHIL HOUSE, EVOOR SOUTH, KEERICKAD P.O., ALAPPUZHA DISTRICT. ADV. SRI.R.RAJASEKHARAN PILLAI SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ........................................................................ W.A. No. 692 OF 2007 & C.M. APPLICATION NO. 347 OF 2007 ......................................................................... Dated this the 3rd February, 2009 J U D G M E N T Kurian Joseph, J. : C.M. APPLICATION NO. 347 OF 2007 Advocate Shri R. Rajasekharan Pillai, learned counsel for the respondent/writ petitioner submits that the conditions in the order dated 21.10.2008 for condonation of delay by payment of Rs.1000/-, has not been complied with so far. It is submitted that the time fixed by the court for payment, i.e., three weeks' has expired long back. It is further submitted that because of the pendency of the appeal, the case of the petitioner is not being considered. Since the order dated 21.10.2008 is a conditional order and since the condition imposed has not been complied with, C.M.Application No. 347 of 2007 is dismissed. W.A. No. 692 OF 2007 & C.M. APPLICATION NO. 347 OF 2007 2 W.A. No. 692 OF 2007 In view of dismissal of the application for condonation of delay, the appeal is also dismissed. KURIAN JOSEPH, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk