IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 952 of 2003()
1. STATE OF KERALA
... Petitioner
Vs
1. NANDAGOPALA KAMMATH,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.T.M.ABDUL LATHEEF
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :18/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.952 OF 2003
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Dated 18th February, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln. No.380/03 : There is a delay of 619 days in preferring the
appeal. The judgment was delivered on 13.2.2001. It is seen that the
application for certified copy of the judgment was filed only on
18.9.2001. There is absolutely no explanation for the delay in
between. Thereafter, the certified copy was received on 4.12.2001
and after getting the opinion, the same was forwarded to the Advocate
General on 20.1.2003. But the appeal is filed only on 11.4.2003.
There is no explanation for that delay also. Though the court may not
insist for explanation for each day’s delay in a case where the State is
the appellant, there should be some satisfactory explanation for the
inordinate delay in at least making the application for certified copy.
The affidavit is totally silent on that regard. In that view of the matter,
we do not find any justification for condoning the delay. The delay
petition as well as the appeal are accordingly dismissed.
I.A.No.636/03 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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L.A.A. NO.952 OF 2003
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J U D G M E N T
Dated 18th February, 2008.