IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 RFA.No. 83 of 2008() -------------------- OS.198/2001 of ADDL.SUB COURT, THALASSERY .................... APPELLANT/DEFENDANT: -------------------- M.G. RAJESH MOHAN GEORGE, S/O.GEORGE, KOTTAYAM AMSOM, DESOM, THALASSERY TALUK. BY ADV. SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENT: PLAINTIFF: ----------------------- K.K. VELAYUDHAN, S/O.NARAYANA KURUP, BUSINESS, KRISHNA VIHAR, PATTANNUR AMSOM, KODOLIPRAM DESOM, THALASSERY TALUK. THIS REGULAR FIRST APPEAL HAVING COME UP FOR CONSIDERATION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- C.M.APPLN.NO.281 OF 2008 & R.F.A.NO.83 OF 2008 -------------------------------- Dated this the 9th day of April, 2008 JUDGMENT Raman, J. This is an application for condonation of delay of 1519 days in filing the above appeal. The main ground urged in this application for condonation of delay is that as against the ex parte order an appeal, F.A.O.No.67/2006 was pending before this Court and only when the same was dismissed the appeal was filed against the decree. But the FAO was filed with a petition for condonation of delay of 693 days and we found that there is no merit in the explanation offered for condonation of delay and the same was dismissed. Therefore, even if the period during which the FAO is pending is excluded, still there is a delay of 693 days for which no satisfactory explanation is offered. In the result, we find no merit in the delay petition. Accordingly, the application (C.M.Appln.No.281/2008) for condonation of delay in filing the appeal is dismissed. Consequently, the appeal is also dismissed. Sd/- P.R.RAMAN, Judge. Sd/- V.K.MOHANAN, Judge. kcv.