IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 SA.No.343 of 1996 (G) --------------------------- AS.19/1988 of SUB COURT, OTTAPPALAM OS.183/1986 of MUNI-MAGI.COURT,PATTAMBI .................... APPELLANT: -------------- (4TH DEFENDANT IN THE TRIAL COURT - R4 TRANSPOSED AS APPELLANT NO.2 IN THE LOWER APPELLATE COURT) * MUHAMMAD, S/O ALAVI, KALAKKANDATHIL PALLIYALTHODI HOUSE, P.O. VILAYOOR (VIA) PATTAMBI, PALAKKAD DISTRICT. [DIED; LRS IMPLEADED] BY ADV. SRI.C.RAMAN SMT.PREETHY KARUNAKARAN RESPONDENTS: ------------------ (PLAINTIFF AND DEFENDANTS 1 TO 3 AND 5 TO 8 IN THE TRIAL COURT - APPELLANT NO.1 AND RESPONDENTS 1 TO 3 AND 5 TO 8 IN THE LOWER APPELLATE COURT) 1. ABDULLA, S/O KALKANDATHIL PALLIYALTHODI ALAVI, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, WATER AUTHORITY, P.O., SHORANUR, PALAKKAD DISTRICT. 2. KUNHUMMA UMMA, W/O ALAVI, KALKANDATHIL PALLIYALTHODI HOUSE, P.O. VILAYOOR, (VIA) PATTAMBI, PALAKKAD DISTRICT. 3. KUNHI KADIYA UMMA, D/O ALAVI, -DO- -DO- ** 4. UMMATHA UMMA, D/O -DO- -DO- [R4 TRANSPOSED AS SECOND APPELLANT] SA.No.343 of 1996 (G) -2- 5. PATHUMMA, D/O ALAVI AND WIFE OF VATTIPARAMBIL BASHEER, NEAR GOVERNMENT SANSKRIT COLLEGE, P.O. PATTAMBI, PALAKKAD DISTRICT. 6. SAIDALI (NOW MAJOR), S/O ALAVI, KALKKANDATHIL PALLIYALTHODI HOUSE, P.O. VILAYOOR, (VIA) PATTAMBI, PALAKKAD DISTRICT. 7. MUHAMMAD, S/O SAIDALI, PALOLI KIZHAKKETHIL HOUSE, P.O VILAYOOR, (VIA) PATTAMBI, PALAKKAD DISTICT. 8. KORAKKANDAN AMINA UMMA, W/O IDRUMAN, P.O. VILAYOOR, (VIA) PATTAMBI, PALAKKAD DISTRICT. *[RESPONDENTS 1 TO 3 AND 5 AND 6 ARE RECORDED AS LEGAL REPRESENTATIVES OF THE DECEASED APPELLANT AS PER ORDER IN C.M.P. NO.1238/2000 DT.06/07/2000] **[UMMATHA UMMA, D/O, ALAVI, KALAKKANDATHIL PALLIYALTHODI HOUSE, P.O. VILAYOOR, OTTAPPALAM TALUK, PALAKKAD DISTRICT IS TRANSPOSED AS ADDL. APPELLANT NO.2 AS PER ORDER IN C.M.P. NO.1239/2000 DT.06/07/2000] ADV. SRI.T.KRISHNANUNNI THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. No.343 of 1996 ------------------------------------------------ Dated this the 6th day of February, 2009 JUDGMENT Counsel for the appellant submits that despite several letters sent from their office, the appellant is not turning up and therefore, steps could not be taken to R6 and complete service in the appeal and submits that this appeal be disposed of for default. The submission is recorded. In the result, I dismiss this Second Appeal of 1996 with however, no order as to costs. K.P.BALACHANDRAN, JUDGE kns/-