IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 SA.No. 435 of 1997(B) AS.78/1994 of DISTRICT COURT, THODUPUZHA OS.170/1991 OF MUNSIFF'S COURT , DEVICOLAM APPELLANTS: APPELLANTS: DEFENDANTS 1 TO 3: 1. JOSEPH, AGED 39 YEARS, S/O.XAVIER, RESIDING AT VELLAINTHANAM HOUSE, MANKULAM KARA, MANKULAM VILLAGE, DEVIKULAM TALUK, MANKULAM P.O. 2. XAVIER, AGED 41 YEARS, S/O.XAVIER, RESIDING AT VILLAINTHANAM HOUSE, MANKULAM KARA, MANKULAM VILLAGE, DEVIKULAM TALUK. 3. ANNAMMA, AGED 63 YEARS, W/O.XAVIER, RESIDING AT VILLAINTHANAM HOUSE, MANKULAM KARA, MANKULAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.THOMAS V.JACOB SRI.GEORGE MATHEW SMT.ELSAMMA P.VARGHESE RESPONDENTS: RESPONDENTS: PLAINTIFF & 4TH DEFENDANT: 1. SIVAN, AGED 40 YEARS, S/O.NARAYANAN, MALAYIL HOUSE, MANKULAM KARA, MANKULAM VILLAGE, DEVIKULAM TALUK. 2. KURIAKOSE, AGED 40 YEARS, NOW WORKING AS SUB INSPECTOR OF POLICE, MUNNAR, K.D.V.H.VILLAGE, DEVIKULAM TALUK, MUNNAR P.O. BY ADV. SRI.SIBY MATHEW THIS SECOND APPEAL HAVING COME UP FOR ORDERS ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- S.A. NO. 435 OF 1997 B -------------------------------------------- Dated this the 25th March, 2008 JUDGMENT On 10.3.2008, as a last chance, ten days' time was granted to cure the defects. Defects are not cured yet. Learned counsel for the appellants submits that a registered letter was sent to the parties, but the acknowledgment has not been received. Learned counsel prays for further time. Since no steps are taken in spite of granting enough time, the Second Appeal is dismissed for default. However, liberty is granted to the appellants to cure the defects on or before 9.4.2008 and apply for restoration of the appeal. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- S.A.NO. 435 OF 1997 JUDGMENT 25th March, 2008 -------------------------------------------