IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 RFA.No. 95 of 2008() -------------------- OS.261/1993 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT(S): 2ND DEFENDANT --------------------------------- N.PURUSHOTHAMA PAI S/O.LATE NARAYANA PAI, AGED 77 YEARS RESIDING AT MUNDASSERY HOUSE, CHITTOOR ROAD COCHIN 682 035. BY ADV. SRI.K.SUDHAKARAN(PALAKKAD) RESPONDENT(S): PLAINTIFFS ------------------------- 1. MRS. JENIE RAMANAND, W/O.LATE RAMANAND 57 YEARS, 16/339, AZAD LANE, ALUVA. 2. MRS. RAJANI, W/O.K.C.RAMESH, 38 YEARS "C GARDENS", N.H.ROAD, ALUVA-8. 3. MRS. RANJANIE, W/O.LAKSHMI NARAYANAN 36 YEARS, "AYODHYA", JEWS STREET 4. MRS. RANJISHA, W/O.S.KRISHNAKUMAR 34 YEARS, 16/339, AZAD LANE, ALUVA. 5. NARAYANA PAI, MUNDASSERRY HOUSE CHITTOOR ROAD, KOCHI-35 (DIED) 6. VASUNDHARA SARVOTHAMAN W/O.SARVOTHAMAN, VI/177, VATTAPARAMBIL VALIYAVEEDU AMMAN KOVIL ROAD, ETTUMANOOR-686 631 (DIED) ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE FOR R1 TO 3 SRI.S.RENJITH FOR R1 TO 3 SRI.G.KRISHNAKUMAR FOR R1 TO 3 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE, J. ------------------------ R.F.A.No.95 OF 2008 ------------------------ Dated this the 3rd day of April, 2009 JUDGMENT Smt.N.E.Bindu, learned counsel for the appellant draws my attention to I.A.No.1335/2009 and seeks adjournment, so that her senior Smt.Umamurthi can address me on the I.A. . 2. I have already heard both sides in C.M.Appln.No.306/2008, which was an application for condonation of the inordinate delay of 2979 days caused in the matter of filing the appeal and dismissed that application by my order dated 18/11/2008. Nevertheless, I did not reject the appeal straight away on the reason that the application for condonation of delay was dismissed. I posted the appeal to 31/3/2009 observing that; “in the meanwhile, it is open to the petitioner appellant to sort out the issue with the respondents by paying sum of Rs.10 Lakhs or any other agreed amount to the respondents by cash in full and final settlement of the respondents' share in the decree schedule property. The RFA No.95/2008 .2. learned Subordinate Judge will post the final decree proceedings to a day after 31/3/2009”. It is agreed by both sides that the issue has not been sorted out between the parties. The RFA, therefore, will stand rejected on the ground of delay. PIUS.C.KURIAKOSE,JUDGE dpk