S S BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) In L.A.A.No.368/2016, C.M.Appl.No.579 of 2016 is filed to condone the delay of 3416 days and in L.A.A.No.369/2016, C.M.Appl.No.580 of 2016 has been filed to condone the delay of 3439 days in filing the appeals.

(2.) In the affidavit filed in support of the above applications, it is stated that the judgments were rendered on 20/03/2007 and 23/02/2007. According to the appellants, they intended to prefer appeals and the lawyer also advised that appeals ought to be filed. In both appeals, the appellants have obtained the certified copy on 07/05/2008. It is stated that they have entrusted the matter to counsel Adv.Late Ambalapatha Narayanankutty to prefer the appeals. The counsel informed that they will have to pay court fee of Rs. 1,22,080/-. It is stated that the compensation received by way of acquisition was fully utilised for construction of a residential house and that the appellants sought for time for arranging court fee. They, thereafter approached the counsel's office and they had come to know that the counsel passed away in 2015. According to them, without knowing nothing about the matter, they approached another counsel and in the meantime, the delay had occurred.

(3.) Learned counsel for the appellants submits that a liberal approach has to be taken in the matter and in an identical case, the Apex Court had condoned the delay.