IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 RSA.No.48 of 2008 (E) -------------------------- AS.31/2001 of SUB COURT, HOSDRUG OS.199/1997 of MUNSIFF COURT, HOSDRUG .................... APPELLANTS/APPELLANTS/DEFENDANTS ------------------------------------------------- 1. RADHAMANI, D/O. NARAYANI, RESIDING AT PALAKKAL, KODOTH VILLAGE, HOSDURG TALUK, KASARAGOD. 2. BABU, S/O. GEORGE, -DO- -DO- BY ADV. SRI.SUBHASH CYRIAC RESPONDENT/RESPONDENT/PLAINTIFF ----------------------------------------------- BAYAKODAN VEETTIL MADHAVI, D/O. MALINGAN, RESIDING AT ATHRUKAYAM, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD. ADV. SRI.SURESH KUMAR KODOTH THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ R. S. A. No.48 of 2008 ------------------------------------------------ Dated this the 18th day of March, 2009 JUDGMENT This is posted for disposal to this day for the reason that when the appeal came up for admission hearing on 13/03/09, there was no representation for the appellants and counsel for the appellants was also absent. Today also there is no representation for the appellants. In the result, I dismiss this RSA for default. K.P.BALACHANDRAN, JUDGE kns/- R. S. A. No.48 of 2008 -2- K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.43 of 2008 in R. S. A. No.48 of 2008 ------------------------------------------------ Dated this the 11th day of February, 2009 ORDER Counsel for the appellants is absent and his junior submits that he is not aware of the facts. Heard the counsel for the respondent and perused the records. 2. This is an application for condonation of delay of 65 days in filing the appeal. The respondent has filed counter objecting to the condonation of delay. Having considered the averments in the affidavit and taking a lenient view in the matter, I condone the delay of 65 days in filing the appeal on condition that an amount of Rs.1,000/- is paid as cost to counsel for the respondent and memo is filed in court reporting such payment positively within two weeks from today. In R. S. A. No.48 of 2008 -3- case of failure, this C.M. Application shall stand dismissed. Post after two weeks. K.P.BALACHANDRAN, JUDGE kns/-