IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 SA.No.770 of 1996 ---------------------- AS.85/1990 of SUB JUDGE, TIRUR OS.235/1982 of MUNSIFF COURT, PARAPPANANGADI .................... APPELLANTS (APPELLANTS BEFORE THE LOWER APPELLATE COURT - DEFENDANTS 1 AND 2 BEFORE THE TRIAL COURT): --------------------------------------------------------------------------------- 1. CHUNDAM VEETTIL PAZHAYA OTTAYIL KADERKUTTYALIAS BAVA, S/O AHAMMED, RESIDING AT RAYIRAMANGALAM AMSOM AND DESOM TANUR IN TIRUR TALUK. 2. CHERIYAMMAKKANAKATH SAIDALAVI, S/O A.N.KUNHAVA HAJI, -DO- -DO- BY ADV. SRI.T.KRISHNANUNNI RESPONDENTS (RESPONDENTS BEFORE THE LOWER APPELLATE COURT - PLAINTIFF AND DEFENDANTS 3 TO 10 BEFORE THE TRIAL COURT) -------------------------------------------------------------------------------- 1. KIZHAKKINIYAKATH KUNHIMMAYUMMA, W/O ABDURAHIMAN. 2. ABDURAHIMAN'S CHILDREN VALIYAKATH PUTHIYA MALIYAKKAL AMINA BEEVI UMMA. 3. KATHIYAMMAKUTTY UMMA. 4. KUTTIYALIKUTTY MARAKKA'RS CHILDREN VALIYAKATH PUTHIYA MALIYEKKAL BEEPATHUMMA. 5. MUHAMMAD. 6. MOIDEENKUTTY. 7. AYISSAKUTTY UMMA. 8. UMMAYUMMA. SA.No.770 of 1996 9. MARIYAKUTTY UMMA. ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN FOR SRI.A.S.BENOY THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SA.No.770 of 1996 ORDER ON C.M.P. NO.1617/96 IN S.A.770/96 DISMISSED SD/- K.P.BALACHANDRAN, JUDGE 24/02/09 //TRUE COPY// P.A. TO JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. No.770 of 1996 ------------------------------------------------ Dated this the 24th day of February, 2009 JUDGMENT This Second Appeal of 1996 was admitted on 09/10/96 and notice was issued to respondents on 18/10/96 with hearing date 08/11/96. Respondents 1 and 5 were served and they entered appearance as well. Notice issued to respondents 2 to 4 and 6 to 9 were returned with the report “no such addressee”. Thereafter, no steps were taken by the appellant. This appeal has been posted at Bench in the defect list as there was no representation when it was posted notifying in the defect list before the Registrar (Judicial). Today also there is no representation even for the counsel for the appellant. No purpose is to be served by retaining this 1996 appeal any further on the S. A. No.770 of 1996 -2- file. This Second Appeal is dismissed. K.P.BALACHANDRAN, JUDGE kns/-