IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 AS.No. 367 of 1994(B) -------------------- OS.99/1988 of SUB COURT, KASARAGOD .................... APPELLANT /1ST DEFENDANT: ---------------------------------- M. KUNHI KANNAN, AGED 76 YEARS, S/O. MADA, HINDU, CULTIVATOR, RESIDING IN MOOLAYIL HOUSE, NEKRAJE VILLAGE, P.O. NEKRAJE, KASARAGOD TALUK & DISTRICT. BY ADV. MR. U.P.KUNHIKULLAYA RESPONDENTS/PLAINTIFFS & DEFENDANTS 2 TO 8: ------------------------------------ 1. K.K KORAN, AGED 57 YEARS, S/O. CHIRUDA HENGSU, HINDU, LAND HOLDER AND RETD. SUBEDAR, RESIDING IN NEKRAJE VILLAGE, P.O. NEKRAJE, KASARAGOD TALUK, AND DISTRICT. 2. M. POKKAN, AGED ABOUT 66 YEARS, S/O. MADA, HINDU, CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE, P.O. NEKRAJE, KASARAGOD TALUK & DISTRICT. 3. KUNHATHA, AGED ABOUT 66 YEARS, WIDOW OF KUNHIRAMAN, HINDU,CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE, P.O. NEKRAJE, KASARAGOD TALUK & DISTRICT. 4. NARAYANAN, AGED ABOUT 48 YEARS, S/O. M. KUNHIRAMAN, HINDU, CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE AND POST, KASARAGOD TALUK & DISTRICT. (...2/-) A.S.367/94 (2) 5. APPAKUNHI, AGED ABOUT 46 YEARS, S/O.M.KUNHIRAMAN, HINDU, CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE AND POST, KASARAGOD TALUK & DISTRICT. 6. KUNHIKANNAN, AGED ABOUT 46 YEARS, S/O. M. KUNHIRAMAN, HINDU, CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE AND POST, KASARAGOD TALUK & DISTRICT. 7. RAGHAVAN, AGED 46 YEARS, S/O. M. KUNHIRAMAN, HINDU, CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE AND POST, KASARAGOD TALUK & DISTRICT. 8. M. KUNHIRAMAN, AGED ABOUT 51 YEARS, S/O. CHIRUDA HENGSU, HINDU, CULTIVATOR, RESIDING AT MOOLAYIL HOUSE, NEKRAJE VILLAGE AND POST, KASARAGOD TALUK & DISTRICT. ADV. MR. M.C.SEN, SENIOR ADVOCATE FOR R1 MR. M.P. SREEKRISHNAN FOR R1 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.S.367/94 ORDER ON I.A.1233 OF 2006 IN A.S.367 OF 1994 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 4.3.2009 OKB - TRUE COPY - P.A. TO JUDGE A.S.367/94 ORDER ON I.A.1234 OF 2006 IN A.S.367 OF 1994 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 4.3.2009 OKB - TRUE COPY - P.A. TO JUDGE A.S.367/94 ORDER ON I.A.2200 OF 1994 IN A.S.367 OF 1994 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 4.3.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- A.S.No.367 OF 1994 & Cross Objection -------------------------------------------------- Dated this the 4th day of March, 2009 J U D G M E N T It is seen that first respondent, the plaintiff in the suit, who filed the cross objection, had filed I.A.1233 of 2006 to implead additional respondents 2 to 8 in the cross objection being legal heirs of the appellant, who is the respondent in the cross objection, sating that the sole appellant died on 25.5.2006. Legal heirs of the appellant had not so far appeared before the Court to get impleaded and prosecute the appeal. It is clear that appeal is abated. 2. In I.A.1233 of 2006, though notice was ordered to be issued as early as 27.9.2007, no process was paid. As no steps taken, I.A.1233 of 2006, to implead legal heirs and I.A. 1234 of 2006 to set aside the abatement are dismissed. The cross objection is also abated. The appeal and the cross objection are therefore dismissed as abated. M. SASIDHARAN NAMBIAR, JUDGE okb