IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 AS.NO. 408 OF 1997() -------------------- {OS.17/1992 OF IST ADDL.DISTRICT COURT, ERNAKULAM} .................... APPELLANT(S)/PLAINTIFF: ----------------------------- HAKKIM P.B.KUNJAMU MAULAVI, S/O.SRI.BAVA, PALAKKAPARAMBIL HOUSE, RAILWAY STATION ROAD, EDAPPALLY, COCHIN - 24. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S)/DEFENDANT: ---------------------------------- AL HUDA BOOK STALL, MASJITH BAZAR, KOZHIKODE - 1, REPRESENTED BY PROPRIETOR SRI.K.HAMZA. ADV. SRI.THOMAS ANTONY SRI.K.M.JAMALUDHEEN FOR SRI.P.S.SREEDHARAN PILLAI FOR THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- A.S.No.408 of 1997 --------------------------------------- Dated this the 16th day of June, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. The learned counsel for the appellant states that the appellant expired. He also submits that the legal representatives of the deceased-appellant are not interested in prosecuting the matter. Recording the submission that the appellant is dead, the appeal is closed as abated. Since the appellant was permitted to file this appeal as an indigent person, the amount due as court fee will be payable out of his estate and the appropriate District Collector is authorised to recover the same as per law. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy// P.S. to Judge.