IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 RFA.No. 795 of 2009 ----------------------- OS.209/2006 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT/IST DEFENDANT ------------------------------------------- GEORGE JOSEPH, S/O.JOSEPH, RESIDING AT ATTUKADAVIL HOUSE, THOTTUMUGHAM KARA, ALUVA EAST VILLAGE, ALUVA TALUK. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): PLAINTIFF/2ND DEFENDANT -------------------------------------- 1. JOSE, S/O.PAVIYANCSE, RESIDING AT MITATHANIKKAL, PUTHUVASSERY KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. 2. SECRETARY, THE ANGAMALY DON BOSCO SOCIETY, ANGAMALY KARA, ANGAMALY VILLAGE. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, & M. L. Joseph Francis, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.2131 of 2009 & R.F.A. No. 795 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2010 JUDGMENT C.M.Appln.No.2131 of 2009 is to condone the delay of 650 days in filing the above appeal in a suit for recovery of money. 2. Admittedly the judgment was rendered by the court below on October 31, 2007. Yet again, indisputably an application for obtaining certified copy of the decree and judgment was filed only on October 15, 2009. The copy was ready on November 2, 2009 and after obtaining the copy, the appeal has been preferred on November 24, 2009. In paragraph 3 of the affidavit filed in support of the application it is stated thus: “”I was totally kept in the dark either about the listing of the case for trial or the judgment delivered in the suit and this explains the reason as to why no oral evidence was adduced on my behalf even. There were a series of settlement talks between the parties and the animosity arose since the plaintiff thought that I had profited by the subsequent sale transaction. I knew about the verdict only when the plaintiff threatened me with coercive steps in execution of the decree and I therefore took steps for filing appeal.” RFA.795/09 2 We are afraid the explanation or reason stated for the delay is totally unsatisfactory and unacceptable. Therefore the application for condonation of delay is dismissed. Consequently the appeal is rejected. A.K. Basheer Judge. M.L. Joseph Francis, Judge. an.