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. 872 of 2005 --------------------------------- AS.304/1996 of SUB COURT, NEDUMANGAD OS.453/1988 of PRL.MUNSIFF COURT, NEDUMANGAD .................... APPELLANTS/APPELLANT/PLAINTIFFS 1 TO 4: 1. SALEENA GIRIJA, LAKSHAM VEEDU COLONY, MANIYAMCODE, FROM MAMKUZHI THADATHARIKATHU VEEDU, CHULLIMANOOR, ANAD MURI, ANAD VILLAGE. 2. SALEENA DALLY DO. DO. 3. JNANA DASAN SURESH, DO. DO. 4. JNANADASAN BIJU DO. DO. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) SRI.P.I.GEORGEKUTTY SMT.A.A.GEETHA RESPONDENTS/RESPONDENTS 3 TO 7DEFENDANTS 4 TO 8: 1. PAKIYA NATHAN RAJAPPAN NADAR, PULIKUZHI THADATHARIKATHU VEEDU, CHULLIMANOOR, ANAD. 2. RAJAPPAN NADAR JANADU OF DO. DO. 3. GRASI SELINA, VAZHATHOPPU THOTTARIKATHU VEEDU, CHULLIMANOOR, ANAD MURI. 4. SALEENA SOOSAMMA DO. DO. 5. SELINA VASANTHA OF DO. DO. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.Appl.No.565 of 2005 & R.S.A.No.872 of 2005 --------------------------- JUDGMENT This Regular Second Appeal is posted before me in the defect list as no steps are taken for service being completed in C.M.Appl.No.565/05, despite returning of notices issued to respondents 1 and 2 unserved with the report that they have expired. This Court, vide order dated 2.4.2008, granted two weeks time to the appellants to cure the defects. However, even as on today, no steps are taken to implead the legal representatives of deceased respondents 1 and 2. 2. C.M.Appl.No.565/05 is an application seeking for condonation of delay of 2069 days in filing the appeal. On going through the averments in the affidavit filed by the first appellant in support of the C.M. application, I am not satisfied that grounds or just and sufficient cause exist to condone the delay of as much as 2069 days in filing RSA 872/05 2 the appeal. No purpose also would be served even in the event of the legal representatives of deceased respondents 1 and 2 also being impleaded. Hence, there is no necessity to grant any further time to cure the defects. In the result, I dismiss this C.M. Application. Consequently, the Regular Second Appeal also stands dismissed. 9th July, 2008 (K.P.Balachandran, Judge) tkv