IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 RSA.No.1300 of 2008 (D) ------------------------------ AS.150/2005 of I ADDL.DISTRICT COURT, KOZHIKODE OS.194/2003 of ADDL.M.C.,KOZHIKODE-I .................... APPELLANTS/APPELLANTS/DEFENDANTS ------------------------------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, GANDHI ROAD, KOZHIKODE. BY ADV. SRI.ASOK M.CHERIYAN, SC, KSEB RESPONDENT/APPELLANT/PLAINTIFF: ---------------------------------------------- T.K.CHANDUKUTTY, S/O.CHATHU, AGED 61 YEARS, RESIDING AT "SNEHA", P.O.CHEEKKILODE VIA, ATHOLI, KOZHIKODE. ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.1027 of 2008 & R. S. A. No.1300 of 2008 ------------------------------------------------ Dated this the 13th day of March, 2009 JUDGMENT This is an application seeking for condonation of delay of 796 days in filing the RSA. The respondent has filed counter resisting the application. 2. The judgment under appeal is one delivered on 14/06/06. Copy thereof has been applied for almost after one year on 07/06/07. Stamp papers called for on 12/06/07 were produced on 15/06/07 and copy was taken delivery of on 05/07/07, but the appeal is filed only on 15/12/08. In the affidavit filed by an Assistant Executive Engineer of the K.S.E.B, it is very casually averred that though the decree was passed on 14/06/06 due to an inadvertent omission on the part of the R. S. A. No.1300 of 2008 -2- counsel of the Board in the court below, application for certified copy of decree and judgment was applied for only on 07/06/07 and that the delay after 05/07/07 after obtaining copy of decree and judgment which itself is more than one and a half years is for reason of administrative delay. The averments in the affidavit show that the appellant/Board has dealt with the case in a very casual manner and has not taken care to prosecute the case further before this Court and that there is no sufficient cause to condone the delay. 3. In the result, refusing to condone the delay of 796 days in filing the RSA, I dismiss this C.M. Application. R.S.A. No.1300/08 C.M. Application No.1027/08 seeking for condonation of delay of as much as 796 days in filing the appeal is dismissed today. This RSA R. S. A. No.1300 of 2008 -3- is hence, hopelessly barred by limitation. In the result, I dismiss this RSA. K.P.BALACHANDRAN, JUDGE kns/-