IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 RSA.No. 449 of 2008 ----------------------- AS.318/2006 of ADDL. DISTRICT COURT, PARAVUR OS.108/2002 of MUNSIFF COURT, PERUMBAVOOR .................... APPELLANTS/APPELLANTS 3 & 4-DEFENDANTS 4 & 5 ------------------------------------------------------------ 1. ACHUTHAN, S/O.KRISHNAN, NADIYARA HOUSE, AKANAD KARA, VENGOOR WEST VILLAGE, KUNNATHUNAD TALUK. 2. APPU, S/O.KRISHNAN, NADIYARA HOUSE, AKANAD KARA, VENGOOR WEST VILLAGE, KUNNATHUNAD TALUK. BY ADV. SRI.T.K.VENUGOPALAN RESPONDENTS: RESPONDENTS 1 TO 3 & APPELLANTS 1 & 2 ------------------------------------------------------------------- PLAINTIFFS AND DEFENDANTS 6,7,2 AND 3 ------------------------------------------------ 1. SARADA, WIFE OF BHASKARAN, MUNDAKKAL HOUSE, KADEPPARA KARA, MALAYATTOOR VILLAGE. 2. LEELAMMA, WIFE OF ANTONY, POTTAMPARAMBIL HOUSE, PARAPPURAM KARA, KUZHOOR P.O, MALA VILLAGE, MUKUNDAPURAM TALUK. 3. SANTHA, WIFE OF BABU, KOLATTEL HOUSE, VELASSERY KARA, KADUTHURUTHY VILLAGE. 4. RAMAKRISHNAN, SONL OF KRISHNAN, NEDIYARA HOUSE, AKANAD KARA, VENGOOR WEST VILLAGE, KUNNATHUNAD TALUK. 5. NARAYANAN, SON OF KRISHNAN, NEDIYARA HOUSE, AKANAD KARA, VENGOOR WEST VILLAGE, KUNNATHUNAD TALUK. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------------------------ C. M. Application No 380 of 2008 and R.S.A. No 449 of 2008 ------------------------------------------------------- Dated this the 3rd June 2008 JUDGMENT This is an application for condonation of delay of 93 days in filing the R.S.A. Judgment under appeal was pronounced on 18.07.2007 and copy application was made on 20.07.2003. The date fixed to receive the copy was 08.10.2007 and the copy was taken delivery of on 09.10.2007. But still appeal was filed only on 09.04.2008. 2. In the affidavit filed by the second appellant in support of the application it is stated that the time for filing the appeal expired on 06.01.2008, that he did not get information from the office of his lawyer in the court below about receipt of copy of ;the judgment and decree and only when he went to Parur on 01.04.2008 to enquire about the receipt of copy it was understood that copies were already received by the lawyer's clerk on 09.10.2007 and further that even though his lawyer had told him that letter regarding the receipt of judgment might have been sent to him he did not receive any such letter and thus the delay occurred in filing the appeal. RSA 449/08 2 3. It is worthy to note that for reason of this delay respondents to whom rights have accrued consequent on attaining finality of the judgment under appeal are not responsible. The averment of the second appellant himself shows that he was not at all contacting the office of his lawyer in the court below at least at reasonable intervals to ascertain as to whether copy of judgment was received or not. The appellants who slept over their rights are not entitled to have the delay of 93 days in filing the appeal got condoned on such flimsy reason. Even the averments in the affidavit show that the appellants were not at all vigilant in prosecuting the case. There is no just and sufficient reason to condone the delay of 93 days in filing the R.S.A. The C. M. Application is devoid of any merit and is dismissed. Consequently the R.S.A also stands dismissed. Sd/- K.P. BALACHANDRAN Judge 03/06/2008 en [true copy]