IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 71 of 2009()
1. RAMATH VEETTIL GOVINDAN NAMBIAR,
... Petitioner
Vs
1. KUTTIYADAN DEVI, D/O.KUNHIRMAN,RESIDING
... Respondent
2. OMANA, D/O.DEVI, RESIDING AT URATHUR
For Petitioner :SRI.MATHEW KURIAKOSE
For Respondent :SRI.O.V.MANIPRASAD
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :25/02/2009
O R D E R
K.P.BALACHANDRAN, J.
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C. M. Application No.50 of 2009 &
R. S. A. No.71 of 2009
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Dated this the 25th day of February, 2009
JUDGMENT
This is an application seeking for
condonation of delay of 1223 days in filing
the R.S.A. Judgment appealed against was
pronounced on 13/12/04; copy was applied for
on 14/12/04; and copy of decree and judgment
was taken delivery of on 15/06/05, but the
R.S.A is filed after three and a half years on
15/01/09. The reasons stated in the affidavit
accompanying the C.M. Application is that
though copy is taken delivery of on 15/06/05
he could not collect the case bundle and
prefer the R.S.A in time due to his financial
stringency and ill-health and he could raise
the amount, collect the case bundles and
certified copy of judgment and decree and
entrust the same and give instructions to file
R. S. A. No.71 of 2009 -2-
the R.S.A to the counsel appearing in this
R.S.A only during the second week of January,
2009. The condonation of delay prayed for is
vehemently opposed by the respondents who have
filed counter as well.
2. If the reason stated by the appellant
is accepted as sufficient reason to condone
the delay either he or any other party in any
other appeal can seek for condonation of delay
stating such ground and file the appeal after
three and a half years or even a few years
later. The one third court fee paid in this
appeal is only Rs.450/-. I am not prepared to
accept the grounds stated as sufficient cause
to condone the delay.
In the result, I dismiss this C.M.
Application.
R.S.A.71/2009
C.M. Application No.50/09 seeking for
condonation of delay of as much as 1223 days
R. S. A. No.71 of 2009 -3-
in filing this RSA is dismissed today.
Consequently, this RSA is hopelessly barred by
limitation and is hence, dismissed.
K.P.BALACHANDRAN,
JUDGE
kns/-