IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Arb.A.No. 20 of 2005 ------------------------ ARBOP.34/1997 of ADDL.SUB COURT,KOLLAM .................... : APPELLANTS/RESPONDENTS: ------------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, KALLADA IRRIGATION PROJECT, RIGHT BANK CIRCLE, KOLLAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT/CLAIMANT: ---------------------------- R.RAJAN, GOVT. CONTRACTOR, RAJ BHAVAN, NEELESWARAM P.O., KOTTARAKKARA. (DIED) ADDL.RESPONDENTS 2 TO 5 IMPLEADED. ADDL.R2. B. SEETHA DEVI, W/O.LATE R.RAJAN, AGED 54 YEARS, RAJ BHAVAN, NEELESWARAM.P.O., KOTTARAKARA, KOLLAM DISTRICT. ADDL.R3. BINU RAJ.R., S/O.LATE R.RAJAN, AGED 22 YEARS, DO. DO. DO. DO. ADDL.R4. BINDHU RAJAN, D/O.LATE R.RAJAN, AGED 27 YEARS, DO. DO. DO. DO. ADDL.R5. ANU.R, S/O.LATE R. RAJAN, AGED 24 YEARS, DO. DO. DO. DO. IMPLEADED AS PER ORDER ON IA.2407/2009 DT. 9/2/2010. THIS ARBITRATION APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Arb.Appeal No. 20 of 2005-E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010. Judgment Basheer, J: Learned Government Pleader submits that the sole respondent/claimant had passed away even while the Arbitration Original Petition was pending before the court below and therefore the decree passed by the court below is a nullity. 2. It is brought to our notice that the sole respondent passed away on August 12, 1998, whereas the impugned order was passed only on March 31, 2004. Learned Government Pleader submits that the remedy of the appellant may lie before the court below. He prays for permission to withdraw the appeal and pursue the remedy available to the Government under law. His only anxiety is that the period spent by the appellant before this Court may not be taken note of by the court below, while considering the application that may be filed by the appellant. We do not find any reason why the period spent by the appellant before this Court shall not be appropriately reckoned while calculating the period of limitation. 3. In the above facts and circumstances permission is granted as prayed for. Appeal is dismissed as withdrawn in the above terms. A.K. Basheer Judge P.Q. Barkath Ali an. Judge.