IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 AS.No. 649 of 1997() -------------------- OS.489/1995 of III ADDL.SUB COURT, KOZHIKODE .................... APPELLANT(S): ----------------------- K.SREENIVASAN S/O.IMBICHI, LALITHA VIHAR, KALATHINKUNNU AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): -------------------------- O.SIDHARTHAN, S/O.GOPALAN, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. ADV. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = A.S.No.649 of 1997 = = = = = = = = = = = = = = Dated this the 26 th day of August, 2009 JUDGMENT When this appeal came up for hearing today, the learned counsel for the respondent submitted that the respondent has got the money under the decree and that he has no subsisting grievance in the matter. The learned counsel for the appellant submitted that he has not yet received any instructions from the party. According to the respondent, the appellant is no more. Since the learned counsel for the appellant has no instructions in this matter, this appeal is dismissed for non-prosecution. No costs. V. RAMKUMAR, JUDGE sj