IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 RSA.No.554 of 2008 (G) ---------------------------- AS.29/1996 of SUB COURT, PALA OS.193/1986 of MUNSIFF COURT, PALA .................... APPELLANT/THE LEGAL HEIR OF THE APPELLANT/DEFENDANT ------------------------------------------------------------------------- ALPHONSE JOSEPH, KOOTUMKAL HOUSE, ULLANADUKARA, BHARANAMGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, THE LEGAL HEIR OF OUSEPH THOMMAN (DIED) KOOTTUMKAL HOUSE, ULLANADUKARA, BHARANAMGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS/RESPONDENT/PLAINTIFF AND THE LEGAL HEIR OF APPELLANT/DEFENDANT: ------------------------------------------------------------------------------- 1. ALEY THOMMAN, W/O.THOMMAN, KOOTUMKAL- HOUSE, NEAR KARITHAS, THELLAKAM KARA, ETTUMANNOOR VILLAGE, THELLAHAM P.O., KOTTAYAM DISTRICT. 2. K.O.JOSEPH, S/O.THOMMAN, KOOTTUMKAL- HOUSE, THIRUVAMKULAM KARA, THIRUVAMKULAM VILLAGE, ERNAKULAM DISTRICT. 3. K.T.THOMAS, S/O.THOMMAN, KOOTUMKAL HOUSE MELAPARA KARA, THALAPPALAM VILLAGE, KOTTAYAM DIST. 4. CHARLES,S/O.THOMMAN, KOOTUMKAL HOUSE, THELLALAM KARA, ETTUMANOOR VILLAGE, KOTTAYAM DIST. 5. SEBASTIAN, S/O.THOMMAN, KOOTUMKAL HOUSE, ULLANADU KARA BHARANGANAM VILLAGE. RSA.No.554 of 2008 (G) -2- 6. SISTER. SOFY THOMAS, ST.CRARE'S CONVENT, LALIPUT, KRISHNA, VIJAYAVADA. 7. MARIAMMA THOMAS, THENGANAKUNNEL HOUSE, AMBARANIRAPPU KARA, BHARANANGANAM VILLAGE, KOTTAYAM DISTRICT. 8. SOYA BABU, PUTHIYAPARAMBIL HOUSE, MALOM KARA, DARKAND VILLAGE, DARKAND KARA, KOZHIKODE. 9. TOMY THOMAS, KOOTUNKAL HOUSE, BHARANANGANAM KARA, BHARANANGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.459 of 2008 & R. S. A. No.554 of 2008 ------------------------------------------------ Dated this the 30th day of June, 2008 JUDGMENT Counsel for the appellant is absent and there is no representation on his behalf. 2. C.M. Application No.459/08 is an application filed for condonation of delay of 1484 days in filing the R.S.A. The judgment appealed against is one dt.17/02/04 whereby the appellant in A.S.29/96 on the file of the Sub Court, Pala was allowed to withdraw the appeal. This R.S.A is filed by the petitioner/ Alphonse Joseph claiming to be the legal heir of Ouseph Thomman/the deceased appellant in A.S.29/96. It is not disclosed as to what is the relationship that he has with the deceased Ouseph Thomman who was the appellant in A.S.29/96. However, when Ouseph Thomman who was the appellant in A.S.29/96 himself has R. S. A. No.554 of 2008 -2- sought for permission to withdraw the appeal and the appeal was thus disposed of no one as his legal representative can come forward assailing the said disposal. In the instant case, this appeal has been filed with a delay of 1484 days which does not call for any detailed consideration on merits especially when it is filed by one without disclosing his relationship with the deceased appellant in A.S.29/96 aforesaid. Further, there is no representation even on behalf of the petitioner and the petitioner also is absent. 3. In the result, I dismiss this C.M. Application. Consequently, the R.S.A also stands dismissed. K.P.BALACHANDRAN, JUDGE kns/-