IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 AS.No. 121 of 2001(A) --------------------- OS.86/1998 of SUB COURT,KATTAPPANA .................... APPELLANT: ----------- P.M.KARUNAKARAN, S/O.CHOTHY KUNJAN, PUTHENPURACKAL HOUSE, 55TH MILE, KARADIKKUZHY, PEERMADE VILLAGE, PEERMADE TALUK. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) ADV.P.B.KRISHNAN ADV.M.K.SURESH RESPONDENTS: ------------ 1. K.S.SREEDHARAN, S/O.LATE CHOTHY KUNJAN @ MATHAI MOOPPAN, PUTHENPURACKAL @SREEBHAVAN, 55TH MILE, KARADIKKUZHY P.O., PEERMADE VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. 2. PENNAMMA, W/O.KUNJAN @ MATHAI MOOPPAN, PUTHENPURACKAL @SREEBHAVAN, 55TH MILE, KARADIKKUZHY P.O., PEERMADE VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. 3. K.PADMAKUMAR, S/O.CHOTHY KUNJAN, S/O.CHOTHY KUNJAN @ MATHAI MOOPPAN, -D0 - DO - 4. K.SANALKUMAR, S/O. - DO - - DO - 5. SARASAMMA, W/O.THANKAPPAN, MULAKKALAYIL HOUSE, KOLLAMPATTADA, KUMILY VILLAGE, PEERMADE TALUK. 6. K.RADHAMMA, W/O.CHELLAPPAN, KANDATHIL HOUSE, KANJIRAPPALLY P.O., KANJIRAPPALLY VILLAGE & TALUK, KOTTAYAM DISTRICT. THIS APPEAL SUIT HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - A.S. No.121 of 2001 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2008. JUDGMENT Raman, J. This is an appeal against a preliminary decree passed in a partition suit as early as on 24.7.2000. No stay was granted by this court. Since there was a delay in filing the appeal, a petition for condonation of delay was also filed, on which no orders were passed for want of service. The delay was condoned only later. However, there is no stay. In the above circumstances, it is presumed that final decree would have been passed by the court below. Hence, this matter has become infructuous. It is accordingly dismissed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ -2- P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - A.S. No.121 of 2001 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 13th June, 2008.