R RAGHAVAN NADAR Vs. CHELLAMMA K C KAMALAM

JUDGEMENT

(1.) THE Additional District Judge, Thiruvananthapuram condoned the delay of 227 days in filing A.S.No.18 of 2010 filed by the respondent on condition of payment of cost of `1,000/-(Rupees one thousand only), which is under challenge at the instance of the respondent in the appeal.

(2.) IN the application for condonation of delay, the following facts were stated. O.S.No.177 of 2009, against which the appeal was filed was originally filed as O.S.No.60 of 1996 before the Munsiff's Court, Neyyattinkara. IN A.S.No.603 of 1996 filed against that decree, the High Court remanded the case to the trial court. The High Court also transferred the case to the Sub Court, Neyyattinkara where it was re- numbered as O.S.No.177 of 2009. That suit was tried along with O.S.No.108 of 1993 before the Sub Court, Neyyattinkara. The Sub Court, Neyyattinkara dismissed O.S.No.177 of 2009 and decreed O.S.No.108 of 1993. It is stated that the appellant(respondent herein) entrusted the matter to an Advocate who filed two appeals before the High Court against the judgment and decree in O.S.Nos.177 of 2009 and 108 of 1993. However, the appeal filed against O.S.No.177 of 2009 was returned as not maintainable in the High Court. Thereafter, the appeal was presented before the District Court. It is stated that in that process, there occurred a delay of 228 days.