IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 RFA.No. 665 of 2008() --------------------- OS.528/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/1ST DEFENDANT -------------------- M/S.VINCENT EXPORTS, D.VINCENT, S/O.DEVASAHAYAM, PROPRIETOR, 'THEJUS' KUZHIVILA MELE PUTHENVEEDU, KULATHOOR, UCHAKKADA PO., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS/PLAINTIFF & 2ND DEFENDANT: --------------- 1. NEDUNGADI BANK LTD.THIRUVANANTHAPURAM BRANCH, NOW THE BANK IS MERGED WITH THE PUNJAB NATIONAL BANK AND ITS PRESENT ADDRESS IS PUNJAB NATIONAL BANK, STATUE BRANCH, THIRUVANANTHAPURAM. 2. ROSAMMA MARY , D/O.ROSAMMA, HINDI TEACHER, GOVT.HIGH SCHOOL VAKERY SULTHAN BATHERY, VAYANAD . ADV. SRI.K.S.DILIP FOR R SRI.SAJU N.A. FOR R THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & A.M.SHAFFIQUE, JJ. * * * * * * * * * * * * * C.M.Application No.1953 of 2008 & R.F.A.No.665 of 2008 ---------------------------------------- Dated this the 8th day of November 2011 O R D E R & J U D G M E N T K.M.JOSEPH,J There is a delay of 516 days in filing the appeal. We have perused the affidavit filed along with the application for condonation of delay. We find it difficult to believe the case set up by the petitioner/appellant in the affidavit that even though the suit filed by him before the court below was dismissed on 14/11/2006, he came to know about the dismissal of the case only on 21/07/2008. Accordingly, we see there is no merit in this application for condonation of delay. The application for condonation of delay is dismissed. Consequently, the appeal will also stand dismissed. We direct refund of half of the court fee paid to the appellant. (K.M.JOSEPH, JUDGE) (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge No. of 2010 2 No. of 2010 3 No. of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010