IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 SA.No. 257 of 1996(E) --------------------- AS.99/1993 of SUB COURT,THALASSERY OS.77/1991 of MUNSIFF COURT, THALASSERY .................... APPELLANT(S)/APPELLANT/PLAINTIFF: -------------- CHOVVAKKARAN KELOTH PUTHIYA MALIKAYIMMAL MOOSAKEYI. BY ADV. SRI.T.A.RAMADASAN RESPONDENT(S)/RESPONDENTS/DEFENDANTS: --------------- 1. THALASSERY MUNICIPALITY REP. BY THE COMMISSIONER, THALASSERY. 2. CHALUPARAMBATH CHULLIAN USMAN, REP. BY HIS POWER OF ATTORNEY HOLDER CHEERAPURATH BASHEER. R1 BY ADV. SRI.K.V.SOHAN SRI K.RAJEEV R2 BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 7.4.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- S.A.No.257 of 1996 -------------------------------------- Dated this the 7th day of April, 2009. JUDGMENT Heard. 2. When this appeal came up for hearing on 3.3.2009 counsel for appellant reported death of the sole appellant. Counsel also submitted that letter addressed to the appellant was returned on 18.2.2009 with the endorsement that appellant expired. On that submission, appeal was posted for steps if any on 27.3.2009. No steps were taken. Hence the appeal was posted for disposal on 6.4.2009. When the appeal is taken up today, counsel for appellant submits that nobody has turned up to take steps consequent to the death of the appellant. Hence, the appeal is dismissed for non-prosecution. THOMAS P.JOSEPH, Judge. cks 2 Thomas P.Joseph, J. S.A.No.257 of 1996 JUDGMENT 7th April, 2009.