IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 RSA.No. 260 of 2007 --------------------------------- RFA.3/2004 of ADDL.SUB COURT, KOCHI OS.585/1999 of PRL.M.C., KOCHI .................... APPELLANT/RESPONDENT/DEFENDANT: NIRMALA, W/O.BALAN, AGED 55 YEARS, WARD NO.VI, H.NO.122, KANIYAMPARAMBIL HOUSE, KUMBALANGI, KOCHI-7. BY ADV. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR SMT.K.INDU (POURNAMI) RESPONDENTS/APPELLANTS/PLAINTIFFS: 1. ANTONY, S/O.PATHROSE, AGED 64 YEARS, URULOTHPARAMBIL HOUSE, KUMBALANGI, KOCHI TALUK, KOCHI-682007. 2. NAISHADHN, S/O.KARUNAKARAN, AGED 77 YEARS, THURUTHUMMEL HOUSE, DO. DO. 3. JOSEPH, S/O.VARTHU, AGED 62 YEARS, ALUMPARAMBIL HOUSE, DO. DO. 4. THOMAS, S/O.PAPPU, AGED 54 YEARS, KADUMGAMPARAMBIL, DO. DO. 5. DEVARAJAN, AGED 54 YEARS, VELIMBANATTU VEEDU, DO. DO. 6. MATHEW, S/O.ANCHELO, AGED 52 YEARS, CHOORAKULATH HOUSE, DO. DO. 7. SAJI, S/O.BHARGAVAN, AGED 40 YEARS, THARAYIL HOUSE, KUMBALANGI, KOCHI.7 BY ADV. SRI.C.A.CHACKO FOR R1 TO 7 SRI.JOSEPH EDAKKATT FOR R1 TO 7 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.Appl.No.159 of 2007 in R.S.A.No.260 of 2007 --------------------------- JUDGMENT This is an application for condonation of delay of 448 days in filing the appeal. Respondents have entered appearance and have filed counter to the delay condonation application. 2. The decree under appeal was passed on 15.2.2005. Immediately copy application was made and the date fixed to appear and receive the copy was 1.6.2005. But, it was taken delivery of only on 6.7.2005, after a month. The application is supported by an affidavit filed by the appellant/ defendant, wherein the explanations offered by her for the delay are that she is working as a house maid at Ernakulam; that after receiving the judgment of the first appellate court, her counsel had sent communication to her informing of the same in her home address and the same was not received by her, as she was, at that time, residing at the place where she was employed as a house maid and RSA 260/07 2 only on 16.11.2006, when she made enquiries with her counsel, she came to know of the fact that the judgment under appeal was received by him and that he had sent communication to her regarding receipt of the same, which she did not receive and consequently, there is a delay of 448 days in filing the appeal. 3. The appeal is filed on 21.11.2006. The address of the appellant shown in the appeal memorandum is as wife of Balan, Kaniyamparambil House, Kumbalangi, Kochi-7. There is no averment in the affidavit as to whether the said house remain in their occupation or where her husband is or as to who all are residing in the said house, if at all, she is employed as a house maid at Ernakulam. It is also not averred that she remains away from her house for more than an year at a stretch. It is also not stated as to whether she is having any contact with her husband or children or anybody else residing in the address furnished by her, as her address in the appeal memorandum. RSA 260/07 3 If at all she was staying at Ernakulam, working as a house maid, it was up to her to give that address to the Lawyer for the Lawyer to communicate with her, if nobody else is there to look after the affairs of the house, in her absence. By offering flimsy explanations for not filing the appeal in time, the rights that have accrued to the respondents by that time by non filing an appeal cannot be disturbed by condoning the delay of as much as 448 days in filing the appeal and receiving the appeal on file. The reasons stated for condonation of delay also are not just and sufficient in the circumstances discussed above to condone the delay of 448 days in filing the appeal. In the result, refusing to condone the delay of 448 days in filing the appeal, I dismiss this C.M. Application. Consequently, the Regular Second Appeal also stands dismissed. 30th May, 2008 (K.P.Balachandran, Judge) tkv