IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 17041 of 2009(A) --------------------------------- PETITIONER(S): ------------------- VALSAN K.NAIR, AGED 39, S/O.KAMALAMMA, KOMBATHU HOUSE, ATTOOR DESOM, POTTOOR VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): --------------------- 1. THE INDIAN BANK, REP.BY ITS MANAGER, THRISSUR M.O. ROAD BRANCH, THRISSUR. 2. THE AUTHORISED OFFICER, THE INDIAN BANK, CIRCLE OFFICE, CHITTOOR ROAD, ERNAKULAM-682 035. 3. MUKESH GUPTA, S/O.RADHE SHYAM GUPTA, 29/264, KRISHNA GARDENS, VELLAT LANE, THRISSUR-680 001. R1 & R2 BY ADV. SRI. S. EASWARAN, INDIAN BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.17041 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011 J U D G M E N T This writ petition comes up in the defects list today. The defect is that, the service of notice on the 3rd respondent is not complete. The defect was notified. Since the petitioner did not cure the defect, the matter was posted before the Registrar (Judicial) for defects. There was no representation before the Registrar (Judicial) when the matter was taken up on 1.8.2011. That is why the matter is posted before the Court in the defects list today. When the matter was taken up, none appears today. The defect survives even now. Therefore the writ petition is dismissed for non-prosecution. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/