IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 872 of 2005()
1. SALEENA GIRIJA, LAKSHAM VEEDU COLONY,
... Petitioner
2. SALEENA DALLY DO. DO.
3. JNANA DASAN SURESH, DO. DO.
4. JNANADASAN BIJU DO. DO.
Vs
1. PAKIYA NATHAN RAJAPPAN NADAR,
... Respondent
2. RAJAPPAN NADAR JARARD OF DO. DO.
3. GRASI SELINA, VAZHATHOPPU
4. SALEENA SOOSAMMA VAZHATHOPU
5. SELINA VASANTHA OF DO. DO.
For Petitioner :SRI.ABRAHAM MATHEW (VETTOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :09/07/2008
O R D E R
K.P. Balachandran, J.
---------------------------
C.M.Appl.No.565 of 2005 &
R.S.A.No.872 of 2005
---------------------------
JUDGMENT
This Regular Second Appeal is posted before me
in the defect list as no steps are taken for
service being completed in C.M.Appl.No.565/05,
despite returning of notices issued to respondents
1 and 2 unserved with the report that they have
expired. This Court, vide order dated 2.4.2008,
granted two weeks time to the appellants to cure
the defects. However, even as on today, no steps
are taken to implead the legal representatives of
deceased respondents 1 and 2.
2. C.M.Appl.No.565/05 is an application seeking
for condonation of delay of 2069 days in filing the
appeal. On going through the averments in the
affidavit filed by the first appellant in support
of the C.M. application, I am not satisfied that
grounds or just and sufficient cause exist to
condone the delay of as much as 2069 days in filing
RSA 872/05 2
the appeal. No purpose also would be served even in
the event of the legal representatives of deceased
respondents 1 and 2 also being impleaded. Hence,
there is no necessity to grant any further time to
cure the defects.
In the result, I dismiss this C.M. Application.
Consequently, the Regular Second Appeal also stands
dismissed.
9th July, 2008 (K.P.Balachandran, Judge)
tkv
