IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 RSA.No.812 of 2008 (E) ---------------------------- AS.87/2003 of SUB COURT, NEDUMANGAD OS.506/2002 of ADDL.MUNSIFF COURT,NEDUMANGAD .................... APPELLANT/APPELLANT/DEFENDANT -------------------------------------------- ABDUL SAMAD, S/O.IBRAHIM KUNJU, SECRETARY, VEMBAYAM MUSLIM JAMA ATH FROM FIRDOUSE @ CHIRAYIL VEEDU, CHIRATHALAKKAL, MANICKAL VILLAGE. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SRI.M.AJAY (IRUMPANAM) SMT.M.C.SHIJIMOL RESPONDENT/RESPONDENT/PLAINTIFF ----------------------------------------------- M.ALIKUNJU, AJI MANZIL, VEMBAYAM, KUTHIRAKULAM P.O., THEKKADA VILLAGE. ADV. SRI.K.P.RAJEEVAN FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.668 of 2008 & R. S. A. No.812 of 2008 ------------------------------------------------ Dated this the 25th day of March, 2009 JUDGMENT C.M. Application No.668 of 2008 is an application seeking for condonation of delay of 763 days in filing the RSA. No affidavit is filed by the appellant in compliance with order dt.11/03/09 on this C.M.Application. Counsel for the appellant/petitioner submits that he has informed of the order to the appellant, but the appellant has not turned up. The submission is recorded. Recording the said submission, I dismiss this C.M. Application for non-compliance of the order dt.11/03/09. If at all copy of order in this C.M. Application is applied for, issue copy only along with copy of order dt.11/03/09 in this C.M. Application whereby direction was issued to the appellant to file affidavit R. S. A. No.812 of 2008 -2- swearing to certain aspects. RSA.812/08 C.M. Application No.668/08 seeking for condonation of delay of 763 days in filing the RSA is dismissed today. Consequently, this RSA is hopelessly barred by limitation. This RSA is hence, dismissed. K.P.BALACHANDRAN, JUDGE kns/- R. S. A. No.812 of 2008 -3- K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.668 of 2008 in R. S. A. No.812 of 2008 ------------------------------------------------ Dated this the 11th day of March, 2009 ORDER Heard arguments on C.M. Application No.668/08. It is an application seeking for condonation of delay of 763 days in filing the RSA. The affidavit of counsel for the appellant who was appearing in the court below shows that by a mistake his clerk did not apply for copy of judgment and only when the appellant approached him with copy of execution application that on enquiry it was understood that his clerk was under an impression that copy has been applied for when it had not been actually applied for. 2. Counsel for the respondent vehemently opposes the condonation of delay prayed for on the ground that even after obtaining copy of R. S. A. No.812 of 2008 -4- decree and judgment on 21/06/08, the appeal was filed only on 18/07/08 and that the appellant has produced a false certificate from a Doctor certifying that he was suffering from lumbosacral strain from 22/06/08 to 12/07/08 and was under complete rest and that he became fit to resume normal duties only from 13/07/08; that the said certificate which is produced as Annexure-A1 is issued for being produced before the A.R.R High School, Nettayam and is unauthorisedly produced before court. 3. Counsel for the respondent further asserts that the appellant has attended to his duties as a teacher in the A.R.R High School, Nettayam from 22/06/08 to 12/07/08 (both days inclusive) which will show that Annexure-A1 certificate is absolutely false and is obtained for the purpose of misleading this Court and obtaining a favourable order. R. S. A. No.812 of 2008 -5- 4. In the circumstances, I direct the appellant to file an affidavit as to whether he has attended to his normal duties in the A.R.R High School, Nettayam as teacher from 22/06/08 to 12/07/08 (both days inclusive). Affidavit shall be filed positively on or before 19/03/09. In case no affidavit is filed on or before 19/03/08, this C.M. Application shall stand dismissed. In case affidavit is filed, report with affidavit on 20/03/09 for verification and for further orders. K.P.BALACHANDRAN, JUDGE kns/-