J U D G M E N T

There is a delay of 849 days in filing this RSA. The application for condonation of delay was strongly opposed by the respondents. A preliminary decree was passed pursuant to the judgment and decree in A.S.No.89/1993 dated 14.12.2004. It is stated in the affidavit filed by the appellant that earlier a second appeal was filed and when it came up for hearing on 23.2.2001 it was noticed that the 3rd respondent therein was dead and so, an application was filed seeking impleadment of the legal heirs of the deceased 3rd respondent. It is stated by the appellant that as per order dated 24.8.2004 the decree and judgment rendered by the lower appellate court was set aside since the aforesaid 3rd respondent was dead even during the pendency of the appeal. But she says that she came to know of the disposal of the appeal on merit only on 17.7.2006 when E.P.No.47/2006 was filed. It was then she enquired and she could come to know that her appeal was dismissed on merits. In paragraph 4 of the petition she has stated that she was stricken with paralysis and she could not move about and she had explained the same to her counsel, one Sri.C.K.Unnikrishnan at Cheruvathoor.

2. The first