State Of Kerala v. N. Vijayakumari
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 R.F.A.No. 519 of 2015 (B) -------------------------------- AGAINST THE JUDGMENT IN OS 24/2000 of SUB COURT, PATHANAMTHITTA DATED 28-08-2009 APPELLANTS/DEFENDANTS:
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT (IRRIGATION) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.
2. THE SUPERINTENDENING ENGINEER KIP (MCS) CIRCLE, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. GOVERNMENT PLEADER SRI.M.A.FAYAZ RESPONDENT/PLAINTIFF:
----------------------------------- N. VIJAYAKUMARI D/O.RAJAMMA, PWD CONTRACTOR, FLORANCE DIVISION ESTATE KALTHURUTHY, RESIDING AT NARAYANA VILASOM CHOORAKODU P.O., ADOOR PATHANAMTHITTA DISTRICT-691 523.
R1 BY ADV. SRI.P.VIJAYAKUMAR R1 BY ADV. SRI.C.R.REGHUNATHAN R1 BY ADV. SRI.B.HARRYLAL THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.365 of 2015 & R.F.A.No.519 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2015
JUDGMENT
Antony Dominic, J.
This appeal is filed by the defendants in O.S.No.24/2000 on the file of the Sub Court, Pathanamthitta challenging the judgment and decree passed on 28.8.2009. The delay that is sought to be condoned is that of 2136 days. Affidavit filed in support of the petition shows that though judgment was pronounced on 28.8.2009, application for certified copy was submitted only on 19.8.2011. There is no reason whatsoever stated to explain such a long delay. The date on which the certified copy was received is not mentioned in the affidavit. In any case, the appeal was filed only in June 2015. According to us, there is no explanation whatsoever for the long and inordinate delay of 2136 days and this application therefore is only to be dismissed and we do so. Consequently, the appeal also dismissed. SD/- ANTONY DOMINIC JUDGE SD/- P.V.ASHA JUDGE jes