VALSALA D/O JANAKI Vs. V SREEKUMAR

JUDGEMENT

(1.) Petitioner challenges the dismissal of IA No.76/2008 in A.A.No.48/2008 of the Appellate Court, Alappuzha by which she sought condonation of five years and 88 days delay in preferring the appeal challenging the order of the Land Tribunal in O.A.No.103/2002.

(2.) According to the petitioner, she was aggrieved by the order of the Land Tribunal. Appeal ought to have been filed on or before 24/8/2003. However, due to severe rheumatic problems, she was under treatment and bed rest from 1/7/2003 to 13/11/2008. She could not contact the Advocate and make arrangement for filing an appeal. Hence, delay occurred.

(3.) Respondents appeared and denied the allegations. It was contended that petitioner was not suffering from any rheumatic problem and that she was not laid up. During that period, petitioner had attended several ceremonies of the relatives and neighbours.