IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 646 of 2008()
1. SARAMMA, W/O.PAPPAN, AGED 68 YEARS,
... Petitioner
Vs
1. ABRAHAM KURIAN, S/O.KURIAN ABRAHAM,
... Respondent
2. K.C.CHERIAN, S/O.ABRAHAM CHERIAN,
3. A.P.BABU, S/O.PAPPAN,
For Petitioner :SMT.GIRIJA.L.
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :29/07/2008
O R D E R
K.P. BALACHANDRAN, J.
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C.M. Application No 536 of 2008
and
R.S.A. NO 646 OF 2008
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Dated this the 29th July 2008
JUDGMENT
This is an application seeking for condonation of delay of 860
days in filing the Regular Second Appeal. R.S.A is filed assailing the
judgment of the first appellate court in A.S. No 204 of 2003 dated
23.03.2005. Copy of the judgment was applied for on 1.8.2007 after
more than two years and four months. Stamp papers called for on
14.08.1007 were produced on 16.08.2007 and copy was taken
delivery of on 17.08.2007. But the appeal was filed with a further
delay of almost three months on 14.11.2007.
2. In the affidvit filed by the appellant in support of the C.M.
Application appellant has stated that the judgment was received on
22.08.2007, but due to ill health and oldage she was bed ridden and
was not able to approach her counsel at the proper time and only
during last month that she could contact counsel after getting
recovery from her ill health and further that due to financial stringency
she was not able to file the appeal in time and thus there occurred
delay of 860 days in filing the appeal, which according to her, is not
RSA 646/08 2
wilful.
3. There is absolutely no averment as to why the application for
copy was filed after two years and four months of delivery of
judgment by the court below. Date of receipt of copy of judgment
stated as 22.08.2007 also is not correct as copy was taken delivery
of on 17.08.2007. There is nothing on record to show that the
appellant was suffering from any ailment at all or that she was bed
ridden. With such vague averments the delay of as much as 860
days does not stand convincingly explained. Therefore there is no
just and sufficient cause to condone the delay and to interfere with
the rights that have accrued to the successful party by non filing of
the appeal in time.
In the result, refusing to condone the delay of as much as 860
days in filing the R.S.A, I dismiss the C.M. Application.
Consequently the R.S.A also stands dismissed.
Sd/-
K.P. BALACHANDRAN
Judge
29/07/2008
en
[true copy]