IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 SA.No. 490 of 2000() -------------------- AS.170/1997 of III ADDITIONAL SUB COURT, KOZHIKODE OS.576/1995 of ADDL.MUNSIFF .COURT , KOZHIKODE-I .................... APPELLANTS/RESPONDENTS 1 TO 4/DEFENDANTS: ---------------------------------------- 1. UNION OF INDIA, REPRESENTED BY DEFENCE SECRETARY, GOVT. OF INDIA NEW DELHI-11 2. OFFICER-IN-CHARGE-RECORDS DSC MILL ROAD, KANNUR 3. OFFICER-IN-CHARGE, RECORDS THE MADRAS REGIMENT, POST BAG NO.1 WELLINGTON, NILGIRIS 643 231 4. ACCOUNTS OFFICER C.D.A (PENSION) ALLAHABAD BY ADV. SRI.K.C.SANTHOSH KUMAR, ADDL.CGSC RESPONDENT/APPELLANT/PLAINTIFF AND 5th DEFENDANT: ----------------------------------------------------- *1. E UNNOOLI, W/o. LATE VELUKUTTY AGED 70 YEARS, EDAKKANDIYIL HOUSE P O MAVOOR, KOZHIKODE DISTRICT (DIED) 2. THE DISTRICT COLLECTOR KOZHIKODE 3. E BABY, AGED 45 YEARS, D/o. LATE UNNOOLI RESIDING AT KOZHAKKEL MEETHAL HOUSE KODAL NADAKKAVU, P O PANTHEERANKAVU PANTHEERANKAVU AMSOM IN KOZHIKODE TALUK 4. E MEERA, D/o. LATRE UNNOOLI EDAKKANDI HOUSE, P O MAVOOR KALPALLI AMSOM IN KOZHIKODE DISTRICT 5. LEELA, D/o. LATE UNNOOLI, KURUTTIOT HOUSE VAZHAKKAD, VAZHAKKAD AMSOM IN MALAPPURAM DISTRICT 6. E BHAVANI, D/o. LATE UNNOOLI, EDAKKANDI HOUSE P O MAVOOR, KALPPALLI AMSOM IN KOZHIKODE DISTRICT 7. E SUBRAMANIAN, S/o. LATE UNNOOLI EDAKKANDI HOUSE, P O MAVOOR, KALPPALI AMSOM IN KOZHIKODE DISTRICT 8. E AJITHA , D/o. LATE UNNOOLI MAYERIMMAL HOUSE, KANNIPARAMBA POST, MAVOOR AMSOM IN KOZHIKODE DISTRICT (* - THE LEGAL REPRESENTATIVES OF DECEASED 1st RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 3 TO 8 AS PER ORDER DATED 15-12- 2003 IN I.A.539/03) ADV. SRI.AVM.SALAHUDIN FOR ADDL.R3 TO 8 SMT.SMITHA.V. FOR ADDL.R3 TO 8 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- S.A.No.490 of 2000 --------------------------------------- Dated this 23rd day of December, 2009 JUDGMENT This appeal came up for hearing on 22-12-2009 when counsel for respondent was present and requested for an early hearing considering the difficulties being experienced by the respondents. Since counsel for appellant was not present appeal was posted to this date. Today also, it is a repetition of what happened on 22-12-2009. There is no representation for appellants. Hence the appeal is dismissed for default without any order as to cost. THOMAS P JOSEPH, JUDGE Sbna/