IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 AS.No. 848 of 1997(C) ------------------------- OS.104/1994 of ADDL.SUB COURT, KOCHI . ................... APPELLANTS/DEFENDANTS 1, 2 & 6 : ---------------------------------------- 1. INDIRA T SAMPATH, AGED 65, HOUSE WIFE, RESIDING IN H.NO. CC.VIII/1171, T.D. EAST ROAD, COCHIN - 2. 2. HEMANTH T SAMPATH, AGED 43, S/O.DECEASED T.R.SAMPATH, RESIDING AT C.C.NO.VIII/1171, DO. DO. 3. YOGESH T SAMPATH, AGED 33, S/O.DECEASED T.R.SAMPATH, RESIDING AT DEVJI BHIMJI TRUST BUILDING, PALACE ROAD, COCHIN 2. BY ADV. SRI.M.S.RADHAKRISHNAN NAIR RESPONDENTS/PLAINTIFF & DEFENDANTS 3 TO 5: ------------------------------------------------------- 1. KIRAN T SAMPATH, AGED 40, S/O.DECEASED T.R.SAMPATH, BUSINESS, RESIDING AT xi/367, PINCO APARTMENTS, CONVENT ROAD, KOZHIKODE 32. 2. DEEPAM.T. SAMPATH, AGED 41, S/O.DECEASED T.R.SAMPATH, EMPLOYEE, RESIDING AT XI/367, PINCO APARTMENTS, CONVENT ROAD, KOZHIKODE 32. 3. DAINESH T SAMPATH, AGED 38, S/O.DECEASED T.R.SAMPATH, RESIDING AT P.O.BOX NO. 1051, RUWI 112, SULTANITE OF OMAN. 4. MRS.HEERA ASHAR, AGED ABOUT 35, D/O.DECEASED T.R.SAMPATH AND W/O.VIJAY ASHAR, RESIDING AT C/O. VIJAY ASHAR, HEATHER ROAD, NEASDEN - LONDON - N.W. 2 - 7 N.D. ADV. SRI.S.K.BRAHMANANDAN SRI.T.R.HARIKUMAR FOR SRI.G.S.PRABHU FOR SRI.S.B.PREMACHANDRA PRABHU THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NOS.6847/1997 & 7463 OF 1998 DISMISSED. 7/8/2009. SD/-A.K.BASHEER, JUDGE. SD/- P.S.GOPINATHAN , JUDGE. (TRUE COPY) A. K. Basheer & P. S. Gopinathan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S. No. 848 of 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2009. Judgment Basheer, J: This appeal is directed against the preliminary decree and judgment for partition of certain movables belonging to late T.R.Sampath. Plaintiff and defendants are stated to be the wife and children of deceased Sampath. The court below granted a decree as prayed for and directed that the movables be partitioned allotting 1/7 share each among the heirs. 2. This appeal was filed in March 1997. Respondent No.1/plaintiff has appeared through counsel. Notice on respondents 2, 3 and 4 has not been served so far. 3. When this appeal came up in the defect list on July 31, 2009 there was no representation for the appellants. Their counsel was also absent. However on August 3, 2009 when the case came up for disposal, learned counsel for the appellants requested for a short adjournment to enable him to take steps to serve notice on respondents 2 to 4. Today also the appellants and their counsel are absent. 4. Learned counsel for respondent No.1 submits that he has been informed that respondent No.3 is no more. Anyhow, having regard to the nature of the issue involved in the appeal and also the fact that the appellants have not taken any steps to complete service on the respondents, we are satisfied that this appeal need not be retained on the file of this Court any further. The appeal is dismissed for non prosecution. A.K. Basheer Judge P. S. Gopinathan Judge an.