IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 RSA.No.923 of 2008 (B) ---------------------------- AS.2/2001 of ADDL. DISTRICT COURT, PATHANAMTHITTA OS.737/1995 of M.C.,PATHANAMTHITTA .................... APPELLANTS/APPELLANTS/PLAINTIFFS ----------------------------------------------- 1. RAJAPPAN, AGED 63 YEARS RESIDING AT THEKKAPAKKANDATHIL HOUSE, KARITHOOTA MEZHUVELI. 2. AMMINI AGED 58 YEARS, RESIDING AT THEKKAPAKKANDATHIL HOUSE, KARITHOOTA MEZHUVELI. 3. SUBHA RAJAN AGED 29 YEARS, RESIDING AT THEKKAPAKKANDATHIL HOUSE, KARITHOOTA, MEZHUVELI (DIED). BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) RESPONDENT/RESPONDENT/DEFENDANT ------------------------------------------------- CHELLAMMA, AGED 59 YEARS, RESIDING AT THOMBIL HOUSE, MEZHUVELI.P.O. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.NAIR AJAY KRISHNAN FOR R1 SRI.RAJAN VELLOTH FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.A.S.SABU FOR R1 SRI.PRATHAP PILLAI FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.736 of 2008 & R. S. A No.923 of 2008 ------------------------------------------------ Dated this the 26th day of March, 2009 JUDGMENT C.M.Application No.736/08 is an application seeking for condonation of delay of as much as 482 days in filing the RSA. Condonation of delay is opposed by counsel for the respondent. The judgment under appeal was delivered on 23/01/07. Copy thereof was applied for on 27/01/07. Stamp papers called for on 05/03/07 were produced on 08/03/07 and copy was taken delivery of on 17/03/07 when date fixed to appear to receive copy was 16/03/07. However, the appeal is filed only on 03/10/08. 2. In the affidavit filed in support of the application for condonation of delay, the explanation given by the first appellant is that during the second week of March, 2007, R. S. A No.923 of 2008 -2- the counsel who is appearing for him in this Court had been contacted for the purpose of filing the appeal, but at that time certified copy of the decree had not been obtained and that after obtaining certified copy of the judgment and decree on 17/03/07, it was given in the house of the counsel at Mezhuveli in Aranmula, but that the case bundle was not brought to the notice of the counsel; that last week the respondent attempted to survey the disputed land and thereupon, on enquiry the petitioner understood that the case bundle entrusted at the house was not brought to the notice of the counsel and it is in that circumstance that the delay is caused. The application is not supported by any affidavit of the counsel concerned. 3. It is submitted by the counsel that the case bundle was being entrusted by the party at his Tarwad house at Aranmula. It is R. S. A No.923 of 2008 -3- for the party who wants to file an appeal to meet the lawyer and entrust the case records with him and see that the appeal is caused to be filed. In the instant case, even on the averments in the affidavit after receipt of copy of judgment and decree on 17/03/07, the appellant entrusted it at the house of the counsel at Aranmulla and never thereafter made any enquiry as to whether any appeal is filed or not till end of September, 2008 namely for more than one year and six months. A party who is negligent in the matter of conduct of his case cannot seek to have delay of as much as 482 days condoned so as to unsettle the decree that has become final and to disrupt the finality of the decree obtained in favour of the respondent. There is no sufficient cause to condone the delay of as much as 482 days in filing the RSA. R. S. A No.923 of 2008 -4- 4. In the result, refusing to condone the delay of as much as 482 days in filing this RSA, I dismiss this C.M. Application. R.S.A.923/08 C.M.Application No.736/08 seeking for condonation of delay of as much as 482 days in filing the RSA is dismissed today. Consequently, this RSA is hopelessly barred by limitation. This RSA is hence, dismissed. K.P.BALACHANDRAN, JUDGE kns/-