IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH OCTOBER 2007 / 27TH ASWINA 1929 SA.No. 727 of 1994 ------------------------- AS.316/1988 of DIST. & SESSIONS COURT,TRIVANDRUM OS.499/1981 of MUNSIFF COURT,NEDUMANGAD .................................. APPELLANT/RESPONDENT/PLAINTIFF: ------------------------------------------------------ VIMALA KUMARI AMMA, D/O. GOMATHI PILLA, LEKSHMIVILASOM BUNGALOW, KAVUMMOOLA AMACHAL MURI, KULATHUMMAL VILLAGE. BY ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND RESPONDENTS/APPELLANT/2ND RESPONDENT/2ND DEFENDENT: ---------------------------------------------------------------------------------------------- 1. BHANUMATHI AMMA, D/O. CHELLAMMA PILLAI, KUNNUPURATHU BUNGALOW, KUCHAPPURAM, AMACHAL MURI, KULATHUMMAL VILLAGE. 2. CHELLAMMA PENEENA, SEENI COTTAGE, KOCHAPPURAM, AMACHAN MURI, KULATHUMMAL VILLAGE. BY ADV. SRI.B.GOPAKUMAR R1 BY ADV. SRI. M. KRISHNAN NAIR SRI. N.A. AUGUSTINE THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2007, THE COURT ON DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== S.A. NO. 727 OF 1994 =========================== Dated this the day of October,2007 JUDGMENT Appellant is the plaintiff. The suit was originally decreed. Second defendant alone filed first appeal. In the first appeal decree was set aside and suit was dismissed. It is challenging that judgment, this appeal is filed. The legal representative of the first respondent filed a petition as early as 30.10.2006 reporting that first respondent died on 10.11.2000 and the appeal is already abated. Eventhough one year is going to be lapsed to implead the legal heirs, no steps taken. Hence appeal dismissed as abated. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006