IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 SA.No. 292 of 1999(B) --------------------- AS.16/1997 of DISTRICT COURT,KOLLAM OS.46/1991 of MUNSIFF COURT, PARAVOOR .................... APPELLANT(S): APPELLANT/PLAINTIFF ------------------------------------------ NEELAKANTAN THANKAPPAN, AGED 61 YEARS RESIDING AT KOCHUPATTATHIL VEEDU, THAZHAM CHATHANNOOR, MEENADU VILLAGE. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S):RESPONDENT ---------------------------------- KOCHUKRISHNA PILLAI GOPAKUMAR, S/O.JANAKI PILLAI PONNAMMA PILLAI, AGED 46 YEARS RESIDING AT JANAKI NILAYAM (ARAPPURA VEEDU) THAZHAM, CHATHANNOOR, MEENADU VILLAGE. ADV. SRI.P.SIVARAJ THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS.812/99 & 779/2001 6.4.2009 DISMISSED Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== S.A. NO. 292 OF 1999 =========================== Dated this the 6th day of April,2009 JUDGMENT Learned counsel appearing for the appellant submitted that learned counsel has relinquished the vakalath and party has already taken the records back. Learned counsel appearing for the respondent submitted that a memo was filed on 22.9.2001 along with the death certificate showing that the sole respondent died on 11.6.2004 and still the legal heirs were not impleaded. Hence the appeal is dismissed as abated. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- S.A.NO.292 /1999 --------------------- JUDGMENT 6TH APRIL,2009