IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 RSA.No. 311 of 2006 --------------------------------- AS.14/2003 of SUB COURT, HOSDRUG OS.139/1998 of MUNSIFF COURT, HOSDRUG .................... APPELLANT/RESPONDENT/DEFENDANT: V.MOHANAN, AGED 45 YEARS, S/O.KURUVDAN KRISHNAN NAIR, RESIDING PANAKKAL HOUSE, KANNATHIL, BALLA VILLAGE, HOSDURG TALUK, BALLA PO, KASARAGOD DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER NARAYANA PODUVAL, AGED 49 YEARS, DO. DO. BY ADV. SRI.T.MADHU RESPONDENT/APPELLANT/PLAINTIFF: T.JANAKI AMMA, AGED 52 YEARS, D/O.CHOVIRI AMMARKUNHI AMMA, R/A. KANATHIL, BALLA VILLAGE, HOSUDRG TALUK P.O.BALLA, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SMT.V.SETHUKUTTY AMMA THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Cost is not deposited. Hence, C.M.Appl. 223/06 stands dismissed as per order dated 1.7.2008. Consequently, the RSA also stands dismissed. 23.7.2008 SD/-K.P.BALACHANDRAN, JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.223 of 2006 in R. S. A. No.311 of 2006 ------------------------------------------------ Dated this the 1st day of July, 2008 ORDER This is an application seeking condonation of delay of 40 days in filing this R.S.A. The delay is stated to have occurred for reason of the negligence of the power of Attorney Holder of the appellant in prosecuting the case with due diligence. 2. Counsel for the appellant submits that for the gross negligence that is shown by the power of attorney holder of the appellant, the appellant is prepared to pay cost as ordered by this Court. 3. In the result, I order that the delay of 40 days in filing the R.S.A shall stand condoned in case an amount of Rs.2,500/- is deposited by way of cost to the credit of High Court Legal Services Committee and receipt is R. S. A. No.311 of 2006 -2- produced positively within three weeks from today. In case of failure, this C.M. Application shall stand dismissed. Report on 23/07/08. K.P.BALACHANDRAN, JUDGE kns/-