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. 646 of 2008 ----------------------- AS.204/2003 of ADDL.DISTRICT COURT,KOTTAYAM OS.382/1995 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT/2ND APPELLANT/2ND DEFENDANT ---------------------------------------------------- SARAMMA, W/O.PAPPAN, AGED 68 YEARS, ADIVALCKACHIRA HOUSE, KILIROOR KARA, THIRUVARPU VILLAGE, KANJIRAM P.O., KOTTAYAM. BY ADV. SMT.GIRIJA.L. RESPONDENTS: RESPONDENTS & 1ST APPELLANT/PLAINTIFFS --------------------------------------------------------------------- 1. ABRAHAM KURIAN, S/O.KURIAN ABRAHAM, AGED ABOUT 45 YEARS, KANJIRATHIL HOUSE, CHENGALAM KARA, THIRUVARPU VILLAGE, KOTTAYAM. 2. K.C.CHERIAN, S/O.ABRAHAM CHERIAN, AGED ABOUT 40 YEARS, KANJIRATHIL HOUSE, VELOOR VILLAGE, VELOOR KARA, KOTTAYAM. 3. A.P.BABU, S/O.PAPPAN, ADIVAKKACHIRA HOUSE, KILIROOR KARA, THIRUVARPPU VILLAGE. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. -------------------------------------------------- C.M. Application No 536 of 2008 and R.S.A. NO 646 OF 2008 -------------------------------------------------- Dated this the 29th July 2008 JUDGMENT This is an application seeking for condonation of delay of 860 days in filing the Regular Second Appeal. R.S.A is filed assailing the judgment of the first appellate court in A.S. No 204 of 2003 dated 23.03.2005. Copy of the judgment was applied for on 1.8.2007 after more than two years and four months. Stamp papers called for on 14.08.1007 were produced on 16.08.2007 and copy was taken delivery of on 17.08.2007. But the appeal was filed with a further delay of almost three months on 14.11.2007. 2. In the affidvit filed by the appellant in support of the C.M. Application appellant has stated that the judgment was received on 22.08.2007, but due to ill health and oldage she was bed ridden and was not able to approach her counsel at the proper time and only during last month that she could contact counsel after getting recovery from her ill health and further that due to financial stringency she was not able to file the appeal in time and thus there occurred delay of 860 days in filing the appeal, which according to her, is not RSA 646/08 2 wilful. 3. There is absolutely no averment as to why the application for copy was filed after two years and four months of delivery of judgment by the court below. Date of receipt of copy of judgment stated as 22.08.2007 also is not correct as copy was taken delivery of on 17.08.2007. There is nothing on record to show that the appellant was suffering from any ailment at all or that she was bed ridden. With such vague averments the delay of as much as 860 days does not stand convincingly explained. Therefore there is no just and sufficient cause to condone the delay and to interfere with the rights that have accrued to the successful party by non filing of the appeal in time. In the result, refusing to condone the delay of as much as 860 days in filing the R.S.A, I dismiss the C.M. Application. Consequently the R.S.A also stands dismissed. Sd/- K.P. BALACHANDRAN Judge 29/07/2008 en [true copy]