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2025 Supreme(Online)(Ker) 49252

KERALA HIGH COURT
M. A. Abdul Hakhim, J.
Krishnan Nair v. K. S. Raveendran Nair
R. S. A. No. 623 of 2024



C.M Application No.1 of 2024

1. This Application is filed to condone delay of 1683 days in filing this Regular Second Appeal. The impugned judgment of the First Appellate Court is dated 06.01.2020 and this appeal is filed on 27.11.2024.

2. The Respondent has filed a Counter Affidavit opposing the Application.

3. I heard the learned counsel for the applicant, Sri. Unni Namboodiri P.M and the learned counsel for the respondent, Sri. P. C Haridas.

4. The learned counsel for the applicant contended that on account age related diseases & treatments and financial difficulties after the dismissal of the appeal by the First Appellate Court, the applicant could not come and meet an Advocate at Ernakulam, in order to file an appeal. Later, he could file this appeal after engaging a counsel with the help of the Kerala Legal Service Authority. A lenient view is warranted for condonation of delay.

5. The learned counsel for the respondent contended that no sufficient reason is stated for condoning the inordinate delay. Even though the application refers to illness and treatments, the details of the same are not stated and no document is produced in support of the same. Huge delay of 1683 days may not be condoned on a causal Application by the appellant.

6. I have considered the rival contentions.

7. The delay is 1683 days. Strong reasons are required to condone such a huge length of delay. In the absence of strong reasons, the delay is to be treated as inordinate and the same could not be condoned. As rightly pointed out by the learned counsel for the respondent, though the application refers to illness and treatments, the details of the same are not stated, and no document is produced in support of the same. Financial difficulty could not be cited as a ground for condonation of delay as the court fee involved is only Rs.20/-.

8. Even according to the appellant, he has filed this appeal finding out a counsel with the help of Kerala Legal Service Authority. In such a case, he could have sought the help of the Kerala Legal Service Authority within time to file the appeal within time. Filing an appeal with the assistance of the Kerala Legal Service Authority is not a ground or reason to condone such inordinate delay.

9. Hence, I am of the view that no sufficient cause is shown by the appellant to condone the inordinate delay of 1683 days. Accordingly, the application to condone the delay is dismissed.

RSA

10. In view of the dismissal of the Application to condone delay, this Regular Second Appeal is also dismissed.

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