IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 RSA.No.573 of 2008 (B) ---------------------------- AS.75/2000 of ADDL. DISTRICT COURT, PATHANAMTHITTA OS.120/1998 of MUNSIFF COURT, RANNI .................... APPELLANTS/APPELLANTS/DEFENDANTS:- -------------------------------------------------- 1. YASODHARAN, PADINCHARENCHARUVIL, PATTALATHARAYIL VEETIL, PERUNADU MURI AND VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. RAJAMMA, PADINCHARENCHARUVIL, PATTALATHARAYIL VEETTIL, PERUNADU MURI AND VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON RESPONDENT/RESPONDENT/PLAINTIFF: ------------------------------------------------ NARAYANAN VINOD, PATTALATHARAYIL VEETTIL PERUNADU ,MURI AND VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.476 of 2008 in R. S. A. No.573 of 2008 ------------------------------------------------ Dated this the 9th day of July, 2008 JUDGMENT This is an application filed by the appellants seeking for condonation of delay of 505 days in filing the R.S.A. The judgment assailed was pronounced by the lower appellate court on 17/10/06. Copy thereof was applied for only on 18/08/07, namely after ten months of the judgment assailed. Stamp papers called for on 01/09/07 was produced on 04/09/07 and though date fixed to appear to receive copy was 13/09/07 copy was taken delivery of only on 18/09/07 and this appeal is presented on 01/07/08 again after about ten months. In the affidavit filed by the first appellant in support of the application for condonation of delay what has been stated explaining the delay is that he is ailing from various R. S. A. No.573 of 2008 -2- diseases including Epilepsy and Alzheimer's disease accompanied with memory loss and was laid up and therefore, was unable to travel to meet his counsel and further that he had to strain himself to raise the amount and thus, a delay of 505 days is caused in filing the appeal. 2. It is worthy to note that there is absolutely no explanation for not having applied for copy of the judgment pronounced on 17/10/06 till 18/08/07 namely only after a period of ten months within which time appeal period was already over. The first appellant does not say as to from which date to which date he was laid up or as to when the ailments started or aggravated so as to disable him from contacting his lawyer. Though it is stated that he has produced medical certificate also in support of the same, no such medical certificate is produced. Yet R. S. A. No.573 of 2008 -3- another reason assigned is that he had to strain to raise the amount. There is no much merit as the total court fee payable and paid is only Rs.60/-. There is no whisper in the affidavit as to what prevented the second appellant from doing the needful if at all the first appellant who is the deponent of the affidavit was laid up of Epilepsy and Alzheimer's disease. The circumstances show that the appellants were culpably negligent in doing anything for the progress of their case or to prosecute their case. It cannot be forgotten that rights accrued to the successful party by not filing of appeal in time and on such bald averments, the wanton neglect in the matter of prosecuting the case by filing Second Appeal cannot be condoned so as to interfere with the rights that have accrued to the successful party. There is absolutely no just and sufficient cause in the R. S. A. No.573 of 2008 -4- circumstances of this case to condone the delay of as much as 505 days in filing the R.S.A. 3. In the result, I dismiss this C.M. Application. Consequently, the R.S.A also stands dismissed. K.P.BALACHANDRAN, JUDGE kns/-