IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 AS.No. 786 of 1996(A) --------------------- OS.281/1993 of I ADDL.SUB COURT, KOZHIKODE .................... APPELLANT: ----------- 1. RAJAN, S/O.VAKKADAVATH KUMARAN, KALATHINKUNNU AMSOM, DESOM, KOZHIKODE TALUK. 2. ARANGIL SATHYADEVI, D/O.C.KUMARAN, -DO- -DO- 3. PONNAPARAMBATH HEMA, D/O.C.KUMARAN, -DO- -DO- 4. VATTAKANDIYIL USHA, D/O. C.KUMARAN, -DO- -DO- BY ADV. SRI.K.RAMACHANDRAN,M.KRISHNA KUMAR, SRI.RAMACHANDRAN RESPONDENTS: ------------- * 1. MEENAKSHI, AGED 84, W/O.VAKKADVATH KUMARAN, PUTHIYANGADI AMSOM, EDAKKAD DESOM, KOZHIKODE TALUK. (IT IS RECORDED THAT FIRST RESPONDENT DIED AND HIS LEGAL REPRESENTATIVES ARE ALREADY IN THE PARTY ARAY AS APPELLANT 1 TO 4 AND RESPONDENTS 2 TO 6 VIDE ORDER DATED 4.11.1999, AS PER MEMO E.F.No.2835/1999) 2. VAKKADAVATHU ACHUTHAN, AGED 59, S/O.KUMARAN, -DO- 3. VAKKADAVATHU VISWANATHAN, AGED 56, -DO- -DO- 4. VAKKADAVATHU RATNAKARAN, AGED 48, -DO- -DO- 5. VAKKADAVATHU DEVADASAN, AGED 45, -DO- -DO- 6. CHINGACHAN VEETTIL SATHI DEVI, AGED 46, -DO- -DO- BY ADV. SRI.THOMAS ANTONY KALLENPALLY THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- A.S.No.786 OF 1996 ------------------------------- Dated this the 4th March, 2008. J U D G M E N T Today also, the learned counsel appearing for the appellants seeks further time to take steps to implead the legal representatives of third respondent. The prayer is rejected. I do not find any reason to grant further time as prayed for. So, the appeal, so far as it relates to third respondent is abated. 2. The suit was one for partition. Without the legal representatives of the third respondent, no effective decision can be taken in this appeal. Hence, the appeal, so far as it relates to respondents 2, 4, 5 and 6 shall stand dismissed for non-prosecution, and as regards third respondent abated. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- A.S.No.786 of 1996 J U D G M E N T Dated: 4th March, 2008. -------------------------------