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. 875 of 2005 --------------------------------- AS.40/1995 of SUB COURT, CHERTHALA OS.827/1988 of PRL.MUNSIFF COURT, CHERTHALA .................... APPELLANT/APPELLANT/PLAINTIFF: JANAKI AMMA THANKAMMA, PADMAVILASAM, AROOR MURI, CHERTHALA TALUK, ALAPUZHA DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS/RESPONDENTS/DEFENDANTS: 1. KOMA SUBHADRA, ORAPPANAYIL VEEDU, THYKATTUSERRY, CHERTHALA. 2. PONNU, ORAPPANAYIL VEEDU, THYKATTUSERRY, CHERTHALA. 3. THE CHERTHALA TALUK CO-OPERATIVE LAND MORTGAGE BANK LTD., NO.A2, 327, CHERTHALA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.D.PREM KAMATH FOR R2 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.569 of 2005 & R.S.A.No.875 of 2005 --------------------------- JUDGMENT This Regular Second Appeal is posted before me in the defect list today as no steps are taken by the appellant to implead the legal representatives of deceased first respondent in C.M.Appl.No.569/05, despite returning of notice issued to the first respondent with the report that she has expired. This Court, vide order dated 2.4.2008, granted two weeks time to cure the defects. Even as on today, namely, after three months of the said order, the defects are not cured. 2. It is seen that C.M.Appl.No.569/05 is an application seeking for condonation of delay 340 days in filing the appeal. On going through the averments in the affidavit filed by the appellant in support of the application for condonation of delay, I am not satisfied that just and sufficient cause exists for condonation of delay of as much as RSA 875/05 2 340 days in filing the appeal. In the circumstances, there is no meaning in granting further time to cure the defects. In the result, refusing to grant further time to cure the defect in not impleading the legal representatives of deceased first respondent, I dismiss this C.M. Application, seeking to condone the delay of as much as 340 days in filing the appeal. Consequently, the Regular Second Appeal also stands dismissed. 9th July, 2008 (K.P.Balachandran, Judge) tkv