IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 FAO.No. 184 of 2004() --------------------- AGAINST THE ORDER DATED 10/11/2003 IN IA 3385/2002 IN OS.7/1996 OF ADDL.DISTRICT COURT, THRISSUR APPELLANTS/PETITIONERS/2ND PLAINTIFF: --------------------------------------------------------- BALAKRISHNAN, SON OF KAKKANATT KUMARAN, RESIDING AT CHALINGAD DESOM, KAIPAMANGALAM VILLAGE KODUNGALLUR TALUK AND FORMERLY RESIDING AT PARINJANAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.P.R.VENKATESH RESPONDENTS: RESPONDENTS/DEFENDANTS AND 3RD PLAINTIFF: -------------------------------------------------------- 1. AMRITHAKUMARI, D/O. LATE VALIYAPARAMBIL SREENIVASAN, KEERANKULANGARA DESOM, THRISSUR VILLAGE AND TALUK. 2. RANJITH, SON OF -DO- -DO-. 3. AJITH, SON OF -DO- -DO-. 4. LEKHA, D/O. LATE VALIYAPARAMBIL SREENIVASAN AND W/O.VADATH PARAMBIL RAJENDRAN,S/O.V.K.RAMAN MASTER VARADATHPARAMBU HOUSE, MULANGUNNATHUKAVU, THRISSUR TALUK. 5. CHATHUKUTTY, SON OF KARAYIL VELU, PERINJANAM AMSOM, DESOM, KODUNGALLUR TALUK. 6. KANAKAVALLY, D/O.KALAPURACKAL VELAYUDHAN AND WIFE OF SATHYAPALAN, -DO- -DO-. 7. HASSAN, SON OF MANNIADATH AHAMMED, KOOLIMUTTAM DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. F.A.O. 184/2004 2 8. UMMER, SON OF MATHILAKATH MUHAMMED, PERINJANAM AMSOM, DESOM, KODUNGALLUR TALUK. 9. PREMLAL, SON OF KARAYIL VELAYUDHAN, -DO- -DO-. 10. PURUSHOTHAMAN, KOCHUPARAMBATH, -DO- -DO-. 11. SUDHAKARAN, SON OF KORATH VELAPPAN, -DO- -DO-. 12. ARAVINDAKSHAN, SON OF KARYIL KUNHIMAMU, -DO- -DO-. 13. KARAPPAN @ VIJAYAN, SON OF KAIPARAMBIL KRISHNAN, PERINJANAM AMSOM, DESOM, KODUNGALLUR TALUK. 14. KRISHNAN, SON OF KAIMPARAMBIL RAMAN, -DO- -DO-. 15. DHARMAN, SON OF KAIMAPARAMBIL RAMAN, -DO- -DO-. 16. LAKSHMI, WIFE OF VILLAN GOVINDANKUTTY, PERINJANAM AMSOM DESOM, REP. FOR SREELAKSHMI PRIVATE FAMILY EDUCATIONAL AND CHARITABLE TRUST, -DO- -DO-. 17. V.G.MOHANAN, CIVIL ENGINEER, SON OF VILLAN GOVINDANKUTTY, REP. FOR -DO- -DO-. 18. FATHIMABEEVI, WIFE OF VILLAN MOHANAN, -DO- -DO-. 19. RAVEENDRANATH, SON OF CHOPPULLIL BHANUMATHY AMMA, PERINJANAM VILLAGE, DESOM, KODUNGALLUR TALUK. ADV. SRI.V.M.KRISHNAKUMAR FOR R5 SRI.V.V.SIDHARTHAN FOR R16 SRI.E.RAJEEV FOR R16 SRI.V.M.KRISHNAKUMAR FOR R6,10 & 12 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = F.A.O. NO. 184 OF 2004 = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF AUGUST, 2009. J U D G M E N T Raman, J. Defect was noted as early as in March, 2006. This Court, posted the case to 23.3.2006 by order dated 16.3.2006 and defect was directed to be cured. But it was not cured. Again on 24.3.2006, ten days time was granted to cure the defects; but process was not filed. Still so many are not served. 8th Respondent expired and fresh steps to R1 to R4, R7, R13 to !5 and R17 not taken. In the circumstances, we granted, as a last chance, a weeks time for curing the defect as per our order dated 27.7.2009. Situation has not improved even thereafter. In the circumstances, we dismiss this appeal for non prosecution. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-