IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 SA.No. 10 of 1999(A) -------------------- AS.7/1996 of ADDL.SUB COURT, THALASSERY OS.59/1990 of MUNSIF COURT, KUTHUPARAMBA .................... APPELLANT/RESPONDENT/PLAINTIFF: ----------------- CHERIYAKKADAVAN KRISHNAN, THILLENKERI AMSOM, ALAYAD DESOM. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT/APPELLANT/DEFENDANT: ------------------- CHERIYAKKADAVAN GOVINDAN, HOUSE NO.44, WARD NO.VIII, THILLENKERI PANCHAYAT, THILLENKERI AMSOM, ALAYADDESOM. ADV. SRI.V.V.ASOKAN SMT.S.AMINA FOR THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2009 ALONG WITH SA NO. 80 OF 1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- S.A.NOS.10 & 80 OF 1999 --------------------------- DATED THIS THE 23 DAY OF JULY, 2009 JUDGMENT In these appeals urgent notice was issued by this Court on 10/2/1999. The sole respondent expired on 6/4/2008 and the said fact was informed to the appellant by the memos filed in these appeals. This Court by order dated 26/3/2009 observed that the appellant in S.A. No.10/99 and the lst appellant in S.A.No.80/99 expired in the year 2004 and no steps was taken till date and that the appeals were already abated. This Court further directed the appellant to take necessary steps if so advised. Even after the said order, no steps was taken to implead the legal heirs of the deceased appellants and the sole respondent in these appeals. No body appeared for the parties subsequent to the death of the appellants and the sole respondent. The legal heirs of the deceased appellants failed to get themselves impleaded as additional appellants nor took steps to implead the -2- S.A.Nos.10 & 80/1999 legal heirs of the deceased sole respondent in these appeals. The appeals are dismissed for default. HARUN-UL-RASHID, Judge. kcv.