IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 SA.No.163 of 1995(C) -------------------------- AS.141/1989 of DISTRICT COURT, KOTTAYAM OS.200/1985 of SUB COURT,KOTTAYAM .................... APPELLANTS/APPELLANTS/PLAINTIFFS: ------------------------------------------------ 1. V.S. MOHAMMED ISMAIL, S/O SAIDU MOHAMMED RAWTHER, RESIDING AT VALIAKUNNATHU, KANJIRAPPALLY. 2. V.S. SUHARA BEEBI, W/O ANSAR RAHIM, RESIDING AT HILL GRAVE, NATTAKOM, KOTTAYAM. BY ADV. T.I.ABDUL SALAM SRI.S.V.BALAKRISHNA IYER (SR.) SRI.P.B.KRISHNAN RESPONDENTS/RESPONDENTS/DEFENDANTS: ------------------------------------------------------ 1. V.M.SAIDU MOHAMMED, S/O V.S.MOOSAVANNAN, RESIDING AT VALIYAKUNNATHU HOUSE, KANURAPPALLY. 2. V.S.IYSHA UMMA, W/O T.H.MEERANNAN RAWTHER, RESIDING AT ETTUPANKAL HOUSE, ERATTUPETTA. 3. SULAIKHA BEEBI, W/O SAIDU MD. RAWTHER, RESIDING AT SALHA MANSIL, ERUMELI. SA.No.163 of 1995(C) -2- 4. HOWA UMMA, W/O SAIDU MD. RAWTHER, RESIDING AT MADURAVEEDU, PUZHAVATHU, CHANGANACHERRY. 5. V.S.MARIAM BEEBI, W/O M.A.MUSTHAFA, MUSTHAFA EMPORIUM, BROADWAY, COCHIN-17. 6. V.S.RAHIMA BEEBI, W/O DR.S.JAMAL, 30-B RAJAPPA NAGAR, TANJAVOOR-7, TAMILNADU. BY ADV. SRI.TPM.IBRAHIM KHAN SRI.M.A.FAYAZ FOR SRI.BECHU KURIAN THOMAS SRI.M.A.MANHU THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. No.163 of 1995 ------------------------------------------------ Dated this the 27th day of June, 2008 JUDGMENT Counsel for the appellants is absent and there is no representation on his behalf. However, it is seen from the memo filed that the death of the first appellant was on 07/06/07. On the submission of the counsel for the appellants, three weeks' time was granted to take steps to bring on record L.Rs of deceased first appellant and the case was adjourned to this day to report with steps taken vide order dt.04/06/08. The death of the first appellant having taken place on 07/06/07, the appeal has already abated. However, it appears in the circumstances that nobody is interested in prosecuting this Second Appeal. In the result, I dismiss this Second Appeal. K.P.BALACHANDRAN, JUDGE kns/-