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. 1029 of 2007 ------------------------ AS.4/2004 of SUB COURT,THODUPUZHA OS.243/2000 of MUNISIFF'S COURT, DEVICOLAM .................... APPELLANT/APPELLANT/PLAINTIFF --------------------------------------- M/S.TALAYAR TEA COMPANY LTD. (SHOWN AS TALLIAR TEA COMPANY LTD) HAVING ITS HEAD OFFICE AT 10 DAMU NAGAR, PALIYAKULAM,COIMBATORE, TAMILNADU 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 ---------------------------------------------- SANTHIYAGU, S/O.LATE AROCKIAM, CML NO.651, RESIDING AT CHATTAMUNNAR LOWER DIVISION OF TALAYAR ESTATE, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 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 1029 of 2007 -------------------------------------------------------- Dated this the 29th July 2008 JUDGMENT Signature of the respondent is not authenticated by anyone in the compromise petition and petition to condone the delay in filing the compromise petition could not be numbered for reason of not curing the defect. 2. This R.S.A was filed with a delay of 320 days and while order was about to be passed dismissing C.M. Application No 777 of 2007 for want of taking steps, counsel for the appellant submitted that the appellant had already settled the matter with the respondent and sought for permission to file compromise petition positively within one month. Therefore as per order dated 27.05.2008 the appeal was adjourned directing that compromise petition, if any, has to be filed on or before 27.06.2008. It was further directed in the said order that in case no compromise petition is filed within the said time, R.S.A will be disposed of refusing to condone the delay as this court was convinced that there is no just and sufficient cause for condonation of delay of as much as 320 days in filing the appeal. Even as on today compromise RSA 1029/07 2 petition is not filed without any defect so as to enable this court to accept the compromise. In the result, refusing to condone delay of 320 days in filing the appeal, I dismiss C.M. Application 777 of 2007. Consequently the R.S.A also shall stand dismissed. Sd/- K.P. BALACHANDRAN Judge 29/07/2008 en [true copy]