IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 RSA.No. 1027 of 2007 ------------------------ AS.203/2004 of ADDL. DISTRICT COURT/SPL. COURT (NDPS ACT CASES), THODUPUZHA OS.227/2000 of MUNSIFF'S COURT, DEVIKULAM .................... APPELLANT/APPELLANT/PLAINTIFF --------------------------------------- M/S. TALAYAR TEA COMPANY LTD. (SHOWN AS TALLIAR TEA CO. LTD.), HAVING ITS HEAD OFFICE AT 10 DAMU NAGAR, PALIYAKULAM, COIMBATORE, TAMIL NADU AND ONE OF ITS TEA ESTATE AT TALAYAR IN KDH VILLAGE OF DEVIKULAM TALUK, IDUKKI DISTRICT, KERALA STATE. BY ADV. SRI.M.NARENDRA KUMAR SRI.R.SUDHIR RESPONDENT: RESPONDENT/DEFENDANT ---------------------------------------------- ELANGO, S/O. KARUPPASWAMY, CML NO.762, RESIDING AT CHATTAMUNNAR LOWER DIVISION OF TALAYAR ESTATE, KDH VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN,J. ------------------------------------------------- R.S.A. No 1027 of 2007 ------------------------------------------------ Dated this the 29th July 2008 JUDGMENT After hearing C.M. Application No 776 of 2007 seeking condonation of delay of 267 days in filing the appeal, I was not convinced that sufficient reasons are there to condone the delay of as much as 267 days. But however before dismissal of the C.M. Application it was submitted by counsel for the appellant that the matter has already been settled with the respondent and that an opportunity be afforded to the appellant to file compromise petition within a month. Consequently therefore time was granted as prayed for and the case was adjourned from 27.05.2008 to 30.06.2008 directing that compromise petition, if any, shall be filed positively on or before 27.06.2008. Time was thereafter also extended vide order dated 14.07.2008 in I.A. 1505 of 2008 granting ten days' time to file compromise petition as requested for by the counsel for the appellant and the case is posted to this day directing that compromise petition shall be filed on or before 24.07.2008. Even as on today there is no compromise petition filed. In the result, C.M. Application No 776 of 2007 seeking condonation of delay of as much as 267 days in filing RSA 1027/07 2 the appeal is dismissed for want of just and sufficient cause for condoning the delay. Consequently the R.S.A also stands dismissed. Sd/- K.P. BALACHANDRAN Judge 29/07/2008 en [true copy]