IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 RSA.No. 963 of 2004() --------------------- AS.155/2001 of ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR OS.600/1998 of MUNSIFF COURT,CHAVAKKAD .................... APPELLANTS/APPELLANT/DEFENDANT: --------------------------------------------------- 1. VISWANATHAN, S/O. NEDIYEDATH VELUKKUTTY, MANATHALA AMSOM,DESOM, CHAVAKKAD TALUK. (DIED ON 1.6.2004). 2. PUSHPAVATHY, W/O. LATE VISWANATHAN, NEDIYEDATH, MANATHALA AMSOM, DESOM, CHAVAKKAD TALUK. 3. N.V.RAJEEV, S/O. LATE VISWANATHAN, NEDIYEDATH, MANATHAL AMSOM, DESOM, CHAVAKKAD TALUK. 4. RAJINI, W/O. SOMAKUMAR, KORANPARAMBIL HOUSE, KIZHAKKEPURAM JUNCTION, ARANATTUKARA, TRICHUR. 5. N.V.RENJITH, S/O. LATE VISWANATHAN, NEDIYEDATH, MANATHALA AMSOM, DESOM, CHAVAKKAD TALUK. 6. N.V.RAJESH, S/O. LATE VISWANATHAN, NEDIYEDATH, MANATHALA AMSOM, DESOM, CHAVAKKAD TALUK. BY ADV. SRI.V.SANTHARAM SRI.N.MAHESH SRI.ALEX ANTONY SEBASTIAN P.A. RESPONDENT/RESPONDENT/PLAINTIFF: ----------------------------------- PANIKKAVEETTIL UMMER, AGED 70 YEARS, EX.SERVICE MAN, S/O. ADIMA, MANATHALA AMSOM, DESOM, CHAVAKKAD TALUK. ADV. SRI.P.VIJAYA BHANU SRI.PRASUN.S THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- R.S.A.No.963 of 2004 --------------------------------------- Dated this 15th day of March, 2010 JUDGMENT The sole respondent died on 29-11-2007. That fact was reported by learned counsel for respondent on 28-07-2009. Since then onwards, this appeal is being posted to facilitate appellant to take necessary steps for impleadment, if any. It is submitted by learned counsel for appellants that in spite of repeated intimation even by registered notice to the appellant, he has not turned up to take necessary steps. In spite of granting time appellant has not taken necessary steps. Hence the appeal has to go as abated. Resultantly the appeal is dismissed as abated. THOMAS P JOSEPH, JUDGE Sbna/