High Court Kerala High Court

Bhargavi vs Vijayan on 23 June, 2008

Kerala High Court
Bhargavi vs Vijayan on 23 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 54 of 2008()


1. BHARGAVI, W/O. SANKARANKUTTY,
                      ...  Petitioner
2. SIVARAMAN, S/O. BHARGAVI,
3. SIVANANDAN, S/O. BHARGAVI,

                        Vs



1. VIJAYAN, S/O. KOCHUKRISHNAN,
                       ...       Respondent

2. KARTHIYAYANI, W/O. CHAKKAPPAN,

3. GHOSH, S/O. CHAKKAPPAN,

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.N.RAGHURAJ

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :23/06/2008

 O R D E R
              K.P.BALACHANDRAN, J.
          ------------------------------------------------
            C. M. Application No.48 of 2008 &
                   R. S. A. No.54 of 2008
          ------------------------------------------------
           Dated this the 23rd day of June, 2008

                         JUDGMENT

This is an application for condonation of

delay of 1056 days in filing the R.S.A. The

judgment appealed against is one delivered on

29/10/04; copy thereof was applied for only on

01/06/05 and despite delivery of copy on

18/06/05, this R.S.A is filed only on 15/01/08

after two and a half years. The affidavit

filed in support of the application is sworn

to by the first appellant in the appeal. It is

her case that the copy application was filed

only on 13/01/05 after more than two and a

half months of delivering the judgment and on

her enquiries with her lawyer she was told

that the application got delayed because he

had a change of his clerk. She further states

that moreover, her lawyer is a political

R. S. A. No.54 of 2008 -2-

activist and he was away in Delhi for such

purposes. According to the first appellant she

was under the bonafide impression that the

appeal is still pending since whenever she

contacted her lawyer she was informed that the

appeal is pending. She states that she is a

lady with no much understanding of these

issues, but recently she has come to know that

some persons are attempting to measure the

property and then she went to her lawyer and

found that the appeal had been dismissed long

back. According to her, there is no wilful

laches or omissions from her side and that the

entire issue took place only on account of

lack of communication between herself and her

lawyer. It is on the above ground that she

seeks for condonation of delay of as much as

1056 days in filing the appeal.

2. On carefully going through the

averment in the affidavit filed by the first

R. S. A. No.54 of 2008 -3-

appellant, I see that this is a case where the

first appellant or her sons who are the second

and third appellants or even their lawyer in

the court below did not take any interest at

all in properly doing the needful in time to

prefer a second appeal. Their laches cannot be

a ground to take the respondents to task by

condoning the delay of as much as 1056 days in

filing the appeal. The rights that have

accrued to the respondents by reason of non-

filing of the appeal by the defeated

party/appellants cannot be interfered with

lightly for the wanton neglect on the part of

the appellants in prosecuting their case. No

reason at all is assigned as to why appellants

2 and 3 who are the sons of the first

appellant did not do the needful to prefer

appeal in time. I am of the view that there is

absolutely no just and sufficient cause to

condone the delay of as much as 1056 days in

R. S. A. No.54 of 2008 -4-

filing the R.S.A.

3. In the result, refusing to condone the

delay of as much as 1056 days in filing the

appeal, I dismiss this C.M. Application.

Consequently, the R.S.A also stands dismissed.

K.P.BALACHANDRAN,
JUDGE
kns/-