IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 AS.No. 243 of 1994() -------------------- OS.70/1989 of ADDL. DISTRICT COURT-II, MAVELIKKARA .................... APPELLANT(S)/DEFENDANT: -------------- SULAIMAN RAWTHER, MUZHANGODI THARAYIL, PEROOR KARANMA MURI, THAMARAKULAM VILLAGE. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S)/PLAINTIFF: --------------- KABEERKUTTY, MUZHANGODIYTHARAYIL, PEROOR KARANMA MURI, REP. BY POWER OF ATTORNEY HOLDER MUHAMMED KUNJU SALIM, THATTANAPPALLIL KIZHAKKETHIL, ELAPPIKULANGARA MURI, VALLIKUNNAM. ADV. SRI.T.GOPALAKRISHNAN FOR R1 SRI.K.G.BALASUBRAMANIAN FOR R1 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 10/12/2009, ALONG WITH AS NO. 341 OF 1994 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J ------------------------------------------------- A.S.No.243 of 1994 ------------------------------------------------- Dated, this the 25th day of May, 2007 JUDGMENT Advocate Shri Syed Mohammed whose name is given in the cause list submits that appeal was filed by Advocate Shri M.V.Ibrahimkutty, who is no more. It is also submitted that after the death of his senior, case bundle was taken back by the appellant and he has no means to contact the party. When the appellant took back the case bundle from the counsel he has a duty to engage another lawyer or appear in person. So I do not find any reason to issue notice direct to the party. Shri Syed Mohammed submits that without the case bundle he is not in a position to argue the case. So I have no other option but to reject the prayer for further adjournment and dismiss the appeal for default. In the result, appeal is dismissed for default. C.M.P.No.1397/1994 will stand dismissed. K. PADMANABHAN NAIR JUDGE cks K.PADMANABHAN NAIR, J. A.S.No.1397 OF 1994 JUDGMENT 25th May, 2007