IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 RSA.No. 665 of 2005 ----------------------- AS.20/2002 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. OS.27/2000 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELANT/APPELLANT/PLAINTIFF -------------------------------------- P.T.YOHANNAN, AGED 66 YEARS, TONY VILLA, THOTHOMPALLY, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SRI.BABY PAUL RESPONDENTS: RESPONDENT/DEFENDANT ------------------------------------------------ K.O.VASUDEVAN, AGED ABOUT 45 YEARS, KORAMPARAMBU, MUHAMMA, ALAPPUZHA. BY ADV. SRI.R.HARIKRISHNAN SRI.SUDHEENDRAN. K.Y. SRI.N.ASHOK KUMAR SMT.R.REMA THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ---------------------------------------------------- C. M. Application 434 of 2005 & R.S.A. No 665 of 2005 --------------------------------------------------- Dated this the 26th June 2008 JUDGMENT This is an application seeking condonation of 34 days delay in filing the Regular Second Appeal. Respondent is served and service is complete. Counsel for the appellant is absent and there is no representation on his behalf. 2. The judgment appealed against is dated 30.11.2004 and copy of the said judgment was applied for on 01.12.2004. Stamp papers were called for on 16.02.2005 and produced on 21.02.2005 and copy was taken delivery of on 03.03.2005 namely on the date fixed to receive copy. In the affidavit filed by the appellant in support of the application, the reason assigned for the delay is that after obtaining the copy he suffered a stroke in the second week of March and got bedridden for three months and had to undergo physiotherapy. It is also stated that his condition of health was very critical and he suffered two heart attacks in the meanwhile and that after convalescing for three months he contacted his lawyer and entrusted the file for processing the appeal memorandum RSA 665/05 2 in the last week of June 2005 and thus there occurred delay of 34 days in filing the appeal. There is absolutely no scrap of paper to show that the appellant suffered a stroke and was bedridden for three months as stated and was undergoing physiotherapy. There is also no evidence to show that during the said period he suffered two heart attacks. Apart from the bald averments there is nothing to show that the appellant has got any just and sufficient cause for not filing the appeal within time. The delay does not stand properly explained. In the result, refusing to condone the delay in filing the Regular Second Appeal, I dismiss this C.M. Application. Consequently the R.S.A also stands dismissed. Sd/- K.P. BALACHANDRAN Judge 26/06/2008 en [true copy]