IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 RSA.No.592 of 2008 ------------------------ AS.119/2000 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.150/1996 of MUNSIFF COURT,CHENGANNUR .................... APPELLANTS/APPELLANTS/DEFENDANTS ------------------------------------------------- 1. KRISHNAN KUTTY CHANGAYIL HOUSE, VENMONY VILLAGE CHENGANNUR, ALAPPUZHA. 2. CHELLAMMA, W/O.KRISHNANKUTTY DO.DO. 3. PRASANTH, S/O.KRISHNANKUTTY DO.DO. BY ADV. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT/RESPONDENT/PLAINTIFF: ------------------------------------------------ C.R.GOPI, KOLLAMPARAMBIL VEEDU VENMONY VILLAGE, CHENGANNUR ALAPPUZHA. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.498 of 2008 & R. S. A. No.592 of 2008 ------------------------------------------------ Dated this the 10th day of July, 2008 JUDGMENT This is an application for condonation of delay of 133 days in filing the appeal. In the affidavit filed by the appellant in support of the application for condonation of delay, he has stated that the appeal was dismissed by the lower appellate court on 13/07/06 and the appeal ought to have been filed on or before 01/03/08. 2. The judgment was delivered by the first appellate court on 13/07/06. Copy of the judgment was applied for only on 18/07/06 incurring a delay of one month and four days. Stamp papers called for on 29/09/07 were produced on 22/11/07 with permission obtained from the court below. However, the delay on that account is one month and twenty one days. R. S. A. No.592 of 2008 -2- Copy of judgment was taken delivery of on 01/12/07. According to the appellant he was bedridden and was under treatment for diabetics at Medical College Hospital, Kottayam from 05/12/07 till 30/06/08. The averment shows that he was an inpatient at Medical College Hospital, Kottayam from 05/12/07 till 30/06/08 viz. for more than six months and three weeks. Annexure-A medical certificate is produced in support of the application. That is dt.30/06/08 and therein Doctor has certified that he had advised complete bed rest for the appellant from 5th December, 2007 to 30th June, 2008. The certificate shows that the appellant was not an inpatient in the Medical College Hospital, Kottayam as is alleged by him. Further, it is difficult to understand for what purpose a diabetic patient is to be under bed rest for such a long time. The appellant has no case R. S. A. No.592 of 2008 -3- that he is having any other ailments other than diabetics. But the Doctor in Annexure-A certificate has certified that he is having Lumbar Spondylosis as well. If the appellant is having Lumbar Spondylosis obviously that may require some bed rest but then the appellant will certainly know as to what his ailment was so as to render him bedridden. He has no case that he was having any pain or difficulty to walk but his case is only that he was under treatment for diabetics. Thus, obviously, the averment in the affidavit militates against Annexure-A certificate produced by him in support of the delay condonation application. I disbelieve the cause shown explaining the delay and hold that there is no just and sufficient cause to condone the delay of as much as 133 days in filing the appeal so as to disturb the finality of the judgment achieved by not R. S. A. No.592 of 2008 -4- filing the appeal in time and to interfere with rights that have accrued to the respondent for reason of not filing the appeal in time by the aggrieved party. This delay condonation application is hence, dismissed. Consequently, this R.S.A also stands dismissed. K.P.BALACHANDRAN, JUDGE kns/-