IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 RSA.No.71 of 2009 ---------------------- AS.40/1999 of SUB COURT, PAYYANNUR OS.471/1996 of MUNSIFF COURT, THALIPARAMBA .................... APPELLANT/APPELLANT/DEFENDANT -------------------------------------------- RAMATH VEETTIL GOVINDAN NAMBIAR, S/O.NARAYANAN NAMBIAR, AGRICULTURAL LABOURER, RESIDING AT URATHUR DESOM, KALLIAD AMSOM, P.O.KALLIAD,IRIKKUR. BY ADV. SRI.MATHEW KURIAKOSE SRI.G.GIREESH RESPONDENTS: RESPONDENTS/PLAINTIFFS: ----------------------------------------------------- 1. KUTTIYADAN DEVI, D/O.KUNHIRMAN,RESIDING AT URATHUR DESOM,KALLIAD AMSOM, P.O.KALLIAD, IRIKKUR. 2. OMANA, D/O.DEVI, RESIDING AT URATHUR DESOM, KALLIAD AMSOM, P.O.KALLIAD, IRIKKUR. ADV. SRI.O.V.MANIPRASAD THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.50 of 2009 & R. S. A. No.71 of 2009 ------------------------------------------------ Dated this the 25th day of February, 2009 JUDGMENT This is an application seeking for condonation of delay of 1223 days in filing the R.S.A. Judgment appealed against was pronounced on 13/12/04; copy was applied for on 14/12/04; and copy of decree and judgment was taken delivery of on 15/06/05, but the R.S.A is filed after three and a half years on 15/01/09. The reasons stated in the affidavit accompanying the C.M. Application is that though copy is taken delivery of on 15/06/05 he could not collect the case bundle and prefer the R.S.A in time due to his financial stringency and ill-health and he could raise the amount, collect the case bundles and certified copy of judgment and decree and entrust the same and give instructions to file R. S. A. No.71 of 2009 -2- the R.S.A to the counsel appearing in this R.S.A only during the second week of January, 2009. The condonation of delay prayed for is vehemently opposed by the respondents who have filed counter as well. 2. If the reason stated by the appellant is accepted as sufficient reason to condone the delay either he or any other party in any other appeal can seek for condonation of delay stating such ground and file the appeal after three and a half years or even a few years later. The one third court fee paid in this appeal is only Rs.450/-. I am not prepared to accept the grounds stated as sufficient cause to condone the delay. In the result, I dismiss this C.M. Application. R.S.A.71/2009 C.M. Application No.50/09 seeking for condonation of delay of as much as 1223 days R. S. A. No.71 of 2009 -3- in filing this RSA is dismissed today. Consequently, this RSA is hopelessly barred by limitation and is hence, dismissed. K.P.BALACHANDRAN, JUDGE kns/-