IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 MFA.No. 130 of 2009() -------------------------------- O.A.NO. 3/2004 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): RESPONDENT --------------------------------------------- UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY,CHENNAI. BY ADV. SRI.S.K.MURALEEDHARA KAIMAL RESPONDENT(S)/ APPLICANTS ---------------------------------------------- 1. SUBADRA,W/O.LATE T.P.SREENIVASAN, AGED 42 YEARS,THEKKEPURACKAL HOUSE,KANJIRAMUKKU.P.O, PONNANI TALUK,MALAPPURAM DISTRICT. 2. SUSHA,AGED 19 YEARS,D/O.LATE SREENIVASAN, THEKKEPURACKAL HOUSE,KANJIRAMUKKU.P.O,PONNANI TALUK MALAPPURAM DISTRICT. 3. SUJEESH,AGED 15 YEARS, D/O.LATE SREENIVASAN, THEKKEPURACKAL HOUSE, KANJIRAMUKKU.P.O,PONNANI TALUK,MALAPPURAM DISTRICT. 4. SUJITH,AGED 9 YEARS,S/O.LATE SREENIVASAN THEKKEPURACKAL HOUSE,KANJIRAMUKKU.P.O,PONNAI TALUK, MALAPPURAM DISTRICT. 5. T.P.ACHU,AGED 75 YEARS,S/O.SANKARAN, THEKKPURACKAL HOUSE, KANJIRAMUKKU.P.O,PONNANI TALUK MALAPPURAM DISTRICT. 6. KALYANI, AGED 70 YEARS, W/O.ACHU, THEKKPURACKAL HOUSE,KANJIRAMUKKU.P.O,PONNANI TALUK, MALAPPURAM DISTRICT. R2 TO R4 & R6 BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- MFA No.130 of 2009 ------------------------------------------- Dated this the 28th March, 2011 JUDGMENT Basant, J. This appeal is directed against an order of the Railway Claims Tribunal allowing a petition filed. There is a delay of 151 days in filing the appeal. This appeal has been filed along with an application for condonation of delay. This appeal filed as early as on 25.5.2009 remains in the defect list even now. Counsel for the respondents presses for an early disposal. However, the appellant/petitioner is not represented. Same was the situation when the matter came up on 24.1.2011. Steps are not complete. Notice to the fifth respondent has been returned with the endorsement that the fifth respondent has expired. There is no representation for the appellant/petitioner today also. No steps have been taken also. Inference appears to be irresistible that the appellant/petitioner is not interested in prosecuting this petition. MFA No.130/2009 2 2. This petition for condonation of delay is hence dismissed. The appeal shall hence stand rejected as barred by limitation. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/