The High Court of Kerala passed a judgment on 3 February 2023 ,stating that when there is a negligence in a case it is the duty is upon the court to determine whether there is sufficient cause offered by the parties. It was stated in the case of State Of Kerala vs Tomy Dominic(C.M.Appl.No.878 of 2012 in R.S.A.No.1000 of 2012 and R.S.A.No.1000 of 2012) which was passed by the single judge bench comprising of Mrs. Justice M.R.Anitha.
FACTS OF THE CASE:
Suit has been filed originally for perpetual injunction and amended subsequently seeking declaration of title and possession after filing written statement by the appellants/defendants. The dispute is with regard property having an extent of 20 sq.meters in which south western concrete pillar of the four storied building in plaint schedule property is situated. When there was attempt on the part of the defendants/appellants to trespass into plaint schedule property and demolish the portion of building, the suit was filed. Appellants/defendants filed written statement contending that plaintiff included puramboke land in the plaint schedule property and denying the right and possession of plaintiff and predecessor over the propertyThe learned Munsiff on evaluating facts, circumstances and evidence, decreed the suit, as prayed for. Against which a suit was filed by appellants/defendants with an application under Section 5 of Limitation Act to condone the delay of 266 days. By the impugned judgment, the petition to condone the delay and appeal stand dismissed. Aggrieved by the same, the above R.S.A has been filed with the C.M.Application
JUDGEMENT OF THE CASE
The first appellate court while considering the petition to condone delay found that the reason stated for condoning the delay is not seen available as per records and hence petition to condone the delay has been dismissed. Even after the dismissal of first appeal on the ground of delay, the 2nd appeal has also been filed with delay of 411 days. Absence of diligence and inaction are writ large on the part of the petitioners. Mere fact that State and its officials are the appellants by itself is not a reason to condone the delay. The court considered view that petitioners/appellants failed to offer sufficient reason to condone the delay.In the result, petition to condone the delay and Regular Second Appeal stand dismissed. In the facts and circumstances, there is no order as to cost.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
