IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 RSA.No. 1026 of 2007 ------------------------ AS.11/2005 of SUB COURT,THODUPUZHA OS.235/2000 of MUNSIFF'S COURT, DEVIKULAM .................... APPELLANT/APPELLANT/PLAINTIFF: --------------------------------------- M/S. TALAYAR TEA COMPANY LTD., (SHOWN AS TALLIAR TEA COMPANY LTD.) HAVING ITS HEAD OFFICE AT 10 DAMU NAGAR, PALIYAKULAM, COIMBATORE, TAMILNADU AND ONE OF ITS TEA ESTATE AT TALAYAR IN KDH VILLAGE OF DEVIKULAM TALUK IDUKKI DISTRICT, KERALA STATE. BY ADV. SRI.M.NARENDRA KUMAR SRI.R.SUDHIR RESPONDENTS: RESPONDENT/DEFENDANT: ----------------------------------------------- MURALI, S/O.MANI, RESIDING AT CHATTAMUNNAR, LOWER DIVISION OF TALAYAR ESTATE, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.(DELETED) R1 SASIKALA, AGED 40, W/o MURALI, RESIDING AT CHATTAMUNNAR LOWER DIVISION OF TALAYAR ESTATE KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT R2 PR4ADEEP, AGED 20 S/o MURALI, RESIDING AT CHATTAMUNNAR LOWER DIVISION OF TALAYAR ESTATE KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT R3 ARAVINDASWAMY, AGED 18, S/o MURALI RESIDING AT CHATTAMUNNAR LOWER DIVISION OF TALAYAR ESTATE, KDH VILLAGE, DIVIKULAM TALUK IDUKKI DISTRICT (THE ORIGINAL RESPONDENT IS DELETED AND NAMES AND ADDRESSES OF R1 TO R3 ARE INCORPORATED VIDE ORDER DATED 10.07.2008 IN I.A. 1391/08) THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------------------- C.M. Application No 775 of 2007 and R.S.A. No 1026 of 2007 ------------------------------------------------ Dated this the 29th July 2008 JUDGMENT C.M. Application No 775 of 2007 seeking condonation of delay of 265 days in filing the appeal was heard on 27.05.2008 and by order dated 27.05.2008 it was observed that there is no reason which furnishes sufficient cause to condone the delay of as much as 265 days, but still in view of the submission made by the counsel for the appellant that the matter has been settled with the respondent and that an opportunity be granted to file compromise petition within one month, that the case was adjourned from 27.05.2008 to 30.06.2008 directing that compromise petition, if any, shall be filed on or before 27.06.2008. No compromise petition was received. I have already held that there is no just and sufficient cause to condone delay of as much as 265 days in filing the appeal. Hence C.M. Application No 775 of 2007 deserves to be dismissed and is accordingly dismissed. Consequently the R.S.A is dismissed as barred by limitation. Sd/- K.P. BALACHANDRAN Judge 29/07/2008 en [true copy]\