IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 MFA.No. 15 of 2005() ------------------------------- OS.NO.4/1989 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT(S): PETITIONER/PLAINANT ---------------------------------------------------------- ALLOYSIUS, AGED 58, S/O. SILOMANI, RESIDING AT SUNIL HOUSE, AZHIVILAGOM PURAYIDOM T.C.NO.34/1812, VALLAKKADAVU, VALIYATHURA, THIRUVANANTHAPURAM-8. BY ADV. SRI.P.S.VASAVAN PILLAI RESPONDENT(S): DEFENDANTS ----------------------------------------------- 1. MAIMA ALLOSE, AGED ABOUT 71 YEARS, CHRISTIAN, RESIDING AT T.C.45/149, VALIYATHURA, THIRUVANANTHAPURAM-8. 2. TOMY ALLOSE S/O. ALLAIS, AGED 50 RESIDING AT 62, JOON HIANG ROAD SINGAPORE C/O. MAIMA ALLOSE, 1ST RESPONDENT. 3. GEORGE ALLOSE, AGED 45, S/O.ALLIAS RESIDING AT 62 JOON HIANG ROAD, SINGAPORE C/O. MAIMA ALLOSE, 1ST RESPONDENT. R1 BY ADV. SRI.R.S.KALKURA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** C.M.Appl. No.231 of 2005 & MFA No.15 of 2005-E ***************************** Dated this the 13th day of January, 2011 ORDER/JUDGMENT BASANT, J. There is no representation for the petitioner/appellant. In this appeal though notice was ordered in the application for condonation of delay as early as on 01.02.2005, no steps have been taken. When the matter was posted for defect before the Registrar (Judicial) also, there was no representation and hence the matter was ordered to be posted before this Court. The conclusion is inevitable that the petitioner/appellant is not interested in prosecuting this appeal now. 2. The petition for condonation of delay and the appeal are, in these circumstances, dismissed for non prosecution. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/