RSA NO. 445 OF 2022

2025:KER:8484 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM MONDAY, THE

3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946 RSA NO. 445 OF 2022 AGAINST THE JUDGMENT AND DECREE DATED 28.02.2014 IN AS NO.152 OF

2012 OF ADDITIONAL DISTRICT COURT II, KOZHIKODE –

ARISING OUT OF THE JUDGMENT DATED 30.07.2012 IN OS NO.576 OF 2006 OF PRINCIPAL MUNSIFF COURT -I, KOZHIKODE APPELLANT/3^RD RESPONDENT/SUPPLEMENTAL DEFENDANT NO.3:

URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.

URALUNGAL AMSOM AND DESOM, P.O.MADAPPALLY COLLEGE, VADAKARA TALUK, KOZHIKODE DISTRICT, REPRESENTED BY ITS CHAIRMAN 673 308 BY ADVS.

M.SASINDRAN SATHEESHAN ALAKKADAN S.SHYAM KUMAR RESPONDENTS/APPELLANTS AND RESPONDENT NOS.1 AND 2/PLAINTIFFS NOS.1 AND 2 AND DEFENDANTS NOS.1 AND 2:

1. PERULI KARTHIYAYANI AMMA, AGED 70 YEARS, D/O. CHERIYAMMAKUTTY AMMA, RESIDING AT EDACHERY, THIRUVANGUR AMSOM DESOM,KOYILANDY TALUK, PIN 673 305

2. SREEJA, AGED 45 YEARS, D/O. KARTHIYAYANI AMMA, RESIDING AT EDACHERY, THIRUVANGUR AMSOM DESOM, KOYILANDY TALUK, PIN 673 305.

RSA NO. 445 OF 2022

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3. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE, PIN 673 004.

4. THE EXECUTIVE ENGINEER, PWD (ROADS), CIVIL STATION, KOZHIKODE, PIN 673 020.

BY ADVS.

MOHANKUMAR P T RAM MOHAN(K/2812/2023)

BHAVANA J. MENON(K/003202/2023) DENNY DEVASSY SR.G.P. FOR R3 &4 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RSA NO. 445 OF 2022

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JUDGMENT

C.M.Appln.No.1 of 2022:

1. This Application is filed to condone the delay of 2807 days in filing the appeal. The said Application is strongly opposed by the learned counsel for the first and second respondents by filing a Counter Affidavit.

2. I heard the learned counsel for the appellant Sri. Satheesan Alakkadan, the learned counsel for respondent Nos. 1 and 2 Sri.P.T.Mohankumar and the learned Senior Government Pleader for respondent Nos.3 & 4 Sri. Denny Devassy.

3. It is seen that the first appellate court judgment was passed on

28.02.2014. This appeal was filed on 24.06.2022. It is seen that the application for the certified copy of the first appellate court judgment was filed only on 16.3.2022.

4. The reason for the delay stated in the affidavit in support of the application is that the counsel who was engaged by the appellant before the first appellate court did not inform the progress of the case and the dismissal of the case to the appellant in time. The appellant came to know about the RSA NO. 445 OF 2022

2025:KER:8484 dismissal of the appeal on 11.3.2022 when the counsel at the first appellate court informed the appellant that the advocate commissioner appointed in the case was going to inspect the plaint schedule property on 16.3.2022 and that the presence of the appellant was necessary at the plaint schedule property. On getting further information from the counsel, the appellant came to know that the appeal filed by the respondent was allowed by the first appellate court, directing the appellant to construct a retaining wall to protect the property from land sliding. It is stated that the counsel for the appellant had instructed the advocate clerk to intimate about the disposal of the appeal and the counsel was under the belief that the clerk had informed the same to the appellant.

5. In the counter affidavit, it is stated that the E.P. was filed in the year 2017. The other allegations regarding the absence of intimation from the counsel etc. were denied in the counter affidavit. Learned Counsel for the contesting respondent contended that the applicant was appearing and defending the E.P., and hence, the appellant could not be heard to say that it RSA NO. 445 OF 2022

2025:KER:8484 did not have knowledge about the first appellate court judgment in time.

6. In the recent decision Nitin Mahadeo Jawale v. Bhaskar Mahadeo Mutke [2024 KHC OnLine 6660], the Hon’ble Supreme Court has deprec