IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 RSA.No.452 of 2005 (D) ---------------------------- OS.669/1998 of M.C.,WADAKANCHERY AS.434/2001 of I ADDL.DISTRICT COURT, THRISSUR .................... APPELLANT/APPELLANT/PLAINTIFF ------------------------------------------ SARADA, W/O.KOTHANATHPARAMBIL LATE BALAN ATTOOR VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENTS: RESPONDENTS/DEFENDANTS ----------------------------------------------------- 1. KUNHIMALU @ CHAKKIKUTTY, W/O.NARUVANKUNATH AYYAPPAN, ATTOOR VILLAGE, TALAPPILLY TALUK. 2. CHANDRAN, S/O.NARUVANKUNNATH KUNHIMALU @ CHAKKIKUTTY, DO. 3. VILASINI, DO.DO. 4. KOUSALYA, DO.DO. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.Appl.No.306 of 2005 & R.S.A.No.452 of 2005 --------------------------- JUDGMENT This is an application for condonation of delay of 252 days in filing the Regular Second Appeal. The judgment assailed was pronounced on 26.3.2004 and the appeal is filed only on 8.4.2005, after more than an year. 2. In the affidavit filed by the appellant in support of the application for condonation of delay, it is alleged that copy of the judgment dated 26.3.2004 was applied for only on 1.4.2004, stamp papers called for on 5.4.2004 were produced only on 15.5.2004 and the judgment was taken delivery of only on 7.6.2004, though 31.5.2004 was the date fixed to appear and receive the copy; that she was suffering from Chronic Dysthymia, Cyclical Vomiting, Bipolar Affective Disorder and Con Ulcer Dysperia; that she had been under the treatment of Dr.P.M.Madhavan, Consultant Neuro Psychiatrist for RSA 452/05 2 the last fifteen years; that for the past one year she had been suffering from severe depressive spell, from which she is now slowly improving; that therefore, she was unable to meet her counsel at Thrissur and get the certified copy of the judgment and also to entrust the same to the counsel at Ernakulam for the purpose of filing the appeal; that she got relief from severe depressive spell only by the end of March 2005; that she immediately contacted the counsel at Ernakulam on 26.3.2005; that on the instruction of the counsel she obtained a medical certificate dated 28.3.2005; that this appeal could be filed only on 8.4.2005 incurring a delay of 252 days and that the delay has to be condoned. 3. The medical certificate dated 28.3.2005 is also produced, wherein the doctor has certified that for the last one year, the appellant has been suffering from severe depressive spell, from which, she is slowly improving now. There is no whisper RSA 452/05 3 in the affidavit as to who was looking after her affairs, as to whether she is having children or grand children to look after her affairs and as to why she did not make any effort to cause second appeal being filed either entrusting the matter through her counsel in the court below or through her kith and kin or her sons and daughters. It appears as if she is of the view that time will wait for her to file appeal at her sweet will and pleasure. It has to be borne in mind that by reason of non filing of the appeal in time, rights accrued to the successful party and that right cannot be disturbed lightly on such bald averments without proper explanation as to why and how an appeal could not be presented in time. There should be an end to litigation and the finality achieved by non filing of the appeal in time is not to be interfered with on such flimsy grounds. There is no just and sufficient cause to condone the delay of as much as 252 days in filing the RSA 452/05 4 Regular Second Appeal. This C.M. application, in the circumstances, is dismissed refusing to condone the delay of as much as 252 days in filing the appeal. Consequently, the Regular Second Appeal also stands dismissed. 2nd July, 2008 (K.P.Balachandran, Judge) tkv