IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 RSA.No. 1127 of 2008(A) ----------------------- AGAINST THE ORDER DATED 16/07/2008 AS.234/2003 of III ADDL. DISTRICT COURT, THIRUVANANTHAPURAM OS.1571/1996 of ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM. .................... APPELLANT/APPELLANT/DEFENDANT:- ------------------------------------------ RERGHUNATHAN, RESIDING AT LAILA VILASOM, KALLAMPALLY, SREELARIYAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENT/RESPONDENT/PLAINTIFF:- --------------------------------------------- VIJAYAN, S/O. SUKUMARAN RESIDING AT VIJAYAVILASOM, KALLAMPALLY, SREEKARIYAM, MAVARTHALAKONAM MURI,ULLOOR VILLAGE THIRUVANANTHAPURAM. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== C.M.A.No. 879 of 2008 in R.S.A. No. 1127 of 2008 ========================== Dated this the 19th day of December, 2008. JUDGMENT Since the petitioner did not take out notice by special messenger in C.M. Application No. 879 of 2008 and also since steps were not taken for effecting service even thereafter and there was no representation on behalf of the petitioner, the matter was posted for disposal today. Today also there is no representation on behalf of the petitioner. Accordingly, C.M.A. No. 879 of 2008 is dismissed. Consequently, R.S.A. No. 1127 of 2008 is dismissed as time barred. Dated this the 19th day of December, 2008. V. RAMKUMAR, JUDGE. Rv