IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 SA.No.490 of 1996 (G) -------------------------- AS.11/1994 of SUB COURT, KASARAGOD OS.375/1988 of PRL.MUNSIFF, KASARAGOD .................... APPELLANTS/APPELLANTS & D2 TO D5 ---------------------------------------------- 1. POOVA POOJARY, AGED 41 YEARS. 2. KUTTY POOJARY, AGED 36 YEARS. 3. DOOMAPPA POOJARY, AGED 30 YEARS. 4. CHANIYAPPA POOJARY, AGED 28 YEARS. BY ADV. SRI.POOVA POOJARY & OTHERS (PARTIES) RESPONDENT/RESPONDENT & PLAINTIFF: -------------------------------------------------- SUBBAYYA NAYAK, AGED ABOUT 69 YEARS, S/O RAMAYYA NAYAK, HINDU, CULTIVATOR, RESIDING AT KUKKILA OF MAIRE VILLAGE AND POST KASARAGOD TALUK AND DISTRICT. ADV. SRI.K.G.GOURI SANKAR RAI THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. No.490 of 1996 ------------------------------------------------ Dated this the 10th day of February, 2009 JUDGMENT Despite notice issued to the appellants as their counsel has expired, they have not entered appearance. There is however, no acknowledgment received of the appellants having received notice though notices were issued to them long back and the notices are neither returned unserved nor reported to have been served. In the circumstances, counsel for the respondent submits that the appellants may not be interested in prosecuting the appeal and that if at all they come forward to contest the appeal within a reasonable time he will not oppose restoration/reopening of the appeal as in the circumstances, no other course can be adopted by this Court. 2. In the result, I close this Second Appeal recording the submission of the counsel S. A. No.490 of 1996 -2- for the respondent. K.P.BALACHANDRAN, JUDGE kns/-