IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 RSA.No.513 of 2005 ( ) --------------------------- AS.96/2002 of I ADDL. DISTRICT COURT, PALAKKAD OS.416/1994 of SUB COURT, OTTAPPALAM .................... APPELLANT/APPELLANT/PLAINTIFF: ------------------------------------------- PATHUMMA @ KUNHALU UMMA, D/O. LATE PULAKKAL VEERAN, VALLAPPUZHA AMSOM, CHOORAKKAD DESOM, OTTAPALAM TALUK. BY ADV. SRI.G.SHRIKUMAR RESPONDENTS: RESPONDENTS/DEFENDANT: ----------------------------------------------------- 1. SAINABHA UMMA, W/O. LATE AHAMMED @ KUNHAN, RESIDING AT VALLAPPUZHA AMSOM, CHOORAKKAD DESOM, OTTAPALAM TALUK. 2. JAMEELA, D/O. AHAMMED @ KUNHAN, -DO- -DO-. 3. AYISHA, -DO- -DO-. 4. AHAMMED, S/O. -DO- -DO-. 5. HAMZA, -DO- -DO-. 6. YOUSUF, -DO- -DO-. 7. PATHUMMAKUTTY, D/O. -DO- -DO-. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ R. S. A. No.513 of 2005 ------------------------------------------------ Dated this the 5th day of September, 2008 JUDGMENT Counsel for the appellant submits that till now he has not heard anything from the appellant and that therefore, he can only report no instructions in the matter. The submission is recorded. 2. Appellant is absent. Even service of notice is not effected on the respondents till date. The appellant had been directed vide order dt.29/07/08 to file affidavit swearing to the present, correct and complete address of all the respondents positively in three weeks and it was further ordered that in case of failure, this R.S.A shall stand dismissed. Still the order was not complied with and on 26/08/08 counsel for the appellant was reporting that despite registered letter issued to the appellant, she has not turned R. S. A. No.513 of 2005 -2- up; that he is not sure as to whether the matter has been settled between the parties being a partition deed; and that a week's time be granted to him to ascertain the details. It is in this background that the counsel has reported that the appellant has not turned up nor contacted him and so, he is unable to do anything in this appeal so as to effect any progress in this appeal. 3. In the result, I dismiss this R.S.A for non-prosecution. K.P.BALACHANDRAN, JUDGE kns/-