IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 RSA.No. 779 of 2005() --------------------- AS.337/2001 of II ADDL. DISTRICT COURT, PALAKKAD OS.109/1998 of MUNSIFF COURT, ALATHUR .................... APPELLANT/APPELLANT/PLAINTIFF ----------------------------- DAMODARAN, S/O.PAZHANIMALA, KOOTTAPURA HOUSE, KARAPOTTA, KANNAMBRA AMSOM, ALATHUR TALUK.(DIED) BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.BOBBY MATHEW KOOTHATTUKULAM SRI.LATHEESH SEBASTIAN RESPONDENT(S)/RESPONDENTS/DEFENDANTS: --------------- 1. RAJAN, S/O.RAMAN, KARALOTTIL, KANNAMBRA AMSOM, ALATHUR TALUK. 2. CHANDRIKA, W/O.RAJAN, DO. DO. ADV. SRI.G.SHRIKUMAR FOR R1 & R2 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.S.A.No.779 of 2009 -------------------------------------- Dated this the 1st day of December, 2009. JUDGMENT Learned counsel for appellant has filed a memo dated 23.11.2009 stating that the sole appellant expired on 28.7.2009, his legal representatives have informed the counsel that they are not interested in getting impleaded in the case and hence the appeal may be dismissed as abated. 2. Since death of the sole appellant was on 28.7.2009, application for impleadment has not been preferred within the time prescribed and it is reported that legal representatives of the deceased appellant are not interested in continuing with the appeal, the appeal stands abated. Accordingly, the Regular Second Appeal is dismissed as abated. THOMAS P.JOSEPH, Judge. cks