IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 RSA.No.737 of 2007(D) ---------------------------- AS.24/2001 of I ADDL. DISTRICT COURT, PALAKKAD OS.76/1986 of MUNSIFF COURT, CHITTUR .................... APPELLANT/APPELLANT/3RD RESPONDENT/3RD DEFENDANT: -------------------------------------------------------------------------- MOHAMMED HANEEFA ROWTHER, S/O. VELLA @ SHEIK MUSTHAFA ROWTHER, AGED 67 YEARS RESIDING AT VANDITHAVALAM, PATTANCHERRI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS: RSPDTS./PETNRS. & RSPDTS.1 & 2/PLNTF.& DFNDTS.1&2: ------------------------------------------------------------------------ 1. ABDUL MAJEED,S/O.VELLA @ SHEIK ROWTHER, AGED 61, RESIDING AT VANDITHAVALAM, PATTANCHERRI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 2. CHELLA @ KATTUVA ROWTHER, AGED 71 YEARS, S/O. VELLA @ SHEIK ROWTHER, PLACHIMADA, MOOLATHARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 3. SHEIK ABDUL KHADER ROWTHER, S/O. VELLA @ SHEIK ROWTHER, AGED 68 YEARS, VANDITHAVALAM, PATTANCHERRI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. ADV. SRI.SANTHEEP ANKARATH FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. M. Application No.520 of 2007 & R. S. A. No.737 of 2007 ------------------------------------------------ Dated this the 11th day of February, 2009 JUDGMENT This is an application seeking for condonation of delay of 1112 days in preferring the R.S.A. The judgment under appeal is delivered on 11/02/04. Copy application was made on 11/03/04, after a month. Stamp papers were called for on 12/04/04 and was furnished on 14/05/04, after a month. The date fixed to appear to receive copy was 05/06/04 and it was taken delivery of on 07/06/04 and this appeal is filed as late as on 23/08/07. The explanation for the delay is that he could understand from his lawyer the ground realities as regards the necessity to file an appeal only by the time of filing the R.S.A and thus, a delay of 1112 has occurred. R. S. A. No.737 of 2007 -2- 2. There is no just and sufficient cause for not filing the appeal for such a long time after obtaining certified copy of the judgment appealed against as early as on 07/06/04. There is no merit in this application. This application seeking for condonation of delay of 1112 days is hence, dismissed. R.S.A.737/07 C.M. Application No.520/07 seeking for condonation of delay of as much as 1112 days in filing the R.S.A is dismissed today. Consequently, this R.S.A is hopelessly barred by limitation and is dismissed. K.P.BALACHANDRAN, JUDGE kns/-