IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 RSA.No.1193 of 2006 (A) ------------------------------ AS.223/2002 of DISTRICT COURT, THRISSUR OS.1449/2000 of III ADDL. M.C.,THRISSUR .................... APPELLANT/APPELLANT/DEFENDANT: ---------------------------------------------- K.K. ASOKAN, S/O.KUNNATH KARUNAKARAN, CALVARY ROAD, POOTHOLE, ARANATTUKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE RESPONDENT/RESPONDENT/PLAINTIFF: ------------------------------------------------- SADASIVAN, S/O.LATE PAROL ARUMUGHAN, KUTTANKULANGARA LANE, POONKUNNAM, TRICHUR TALUK. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.843 of 2006 & R. S. A. No.1193 of 2006 ------------------------------------------------ Dated this the 11th day of March, 2009 JUDGMENT This is an application seeking for condonation of delay of 514 days in filing the RSA. Though service is complete, respondent has not entered appearance. Heard counsel for the appellant. 2. The impugned judgment was passed by the first appellate court on 27/01/05. Copy application was filed on 29/01/05. stamp papers called for on 14/02/05 were produced on 15/02/05 and copy of judgment was taken delivery of on 02/03/05 even prior to the date fixed to appear to receive copy. Thereafter, this appeal was filed as late as on 25/10/06. 3. The reasons stated for delay of 514 days in filing the appeal is that the appellant is a bus operator; that his venture R. S. A. No.1193 of 2006 -2- did not succeed and he had to pay amounts to various people and he was hard pressed for money and was making all earnest efforts to pay off all debts and that as he was hard pressed for money he could not spare amounts for payment of court fee and other expenses for filing the appeal and could make the amount necessary for court fee in this appeal only during the last week namely by the 15th of October, 2006 and that therefore, the delay be condoned. 4. The delay is as much as 514 days which is more than 17 months. If explanation of this nature is to be accepted, the very same explanation will have to be accepted in future also to condone delay of several years. The reasons stated is no ground to condone the delay. R. S. A. No.1193 of 2006 -3- 5. In the result, refusing to condone the delay of 514 days in filing the appeal, I dismiss this C.M. Application. RSA.1193 of 2006 C.M.Application No.843/06 seeking for condonation of delay of 514 days in filing the appeal is dismissed. Consequently, this RSA is hopelessly barred by limitation. In the result, I dismiss this RSA. K.P.BALACHANDRAN, JUDGE kns/-