IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 SA.No.598 of 1998 (D) -------------------------- AS.83/1992 of ADDL.DISTRICT COURT,KOTTAYAM OS.91/1986 of MUNSIFF COURT, CHANGANACHERRY .................... APPELLANT/RESPONDENT/PLAINTIFF: --------------------------------------------- VARGHESE, S/O VARGHESE, THEKKUMBHAGOM, CHENGATTU, KANGAZHA MURI, KANGAZHA VILLAGE. BY ADV. SRI.JOHN VARGHESE RESPONDENTS/APPELLANTS/DEFENDANTS 2 & 4: ----------------------------------------------------------- 1. MATHAI, S/O MATHAI, RESIDING AT CHANGATTU VEEDU, KANGAZHA MURI, KANGAZHA VILLAGE, CHANGANACHERRY TALUK. 2. SARAMMA MATHAI, W/O MATHAI, RESIDING AT CHENGATTU VEEDU- OF -DO- -DO- BY ADV. SRI.K.B.SURESH THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2008, ALONG WITH S. A. Nos.602 & 605 of 1998, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO.1629/98 IN S.A. NO.598/98 DISMISSED SD/-K.P.BALACHANDRAN, JUDGE 01/07/08 //TRUE COPY// P.A. TO JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. Nos.598, 602 & 605 of 1998 ------------------------------------------------ Dated this the 1st day of July, 2008 COMMON JUDGMENT It is submitted by counsel for the appellants that Varghese/the appellant in S.A.598/98 is the first appellant in S.A.605/98 and C.V.Abraham/the son of Varghese who is the appellant in S.A.602/98 is the second appellant in S.A.605/98 and that both of them are not contacting him for the last ten years and that despite letters sent they have not responded as well and that the averments of the respondent in affidavit filed along with I.A.1109/08 in S.A.598/98 that Varghese aforesaid passed away in 1998 and that C.V.Abraham aforesaid passed away in February, 2000 could be correct. Counsel for the respondent has also placed before me for perusal a burial certificate issued by Church of South India Diocese of Madhya Kerala S. A. Nos.598, 602 & 605 of 1998 -2- certifying that C.V.Abraham of Chengattu Kalappurackal passed away on 01/02/2000 and that his body was buried on 03/02/2000. Counsel for the appellants submits that despite letters sent LRs of either Abraham or Varghese have not come forward to prosecute these appeals and that therefore, he has no objection in the statement in the affidavit filed by the first respondent being accepted as regards the death of Sri.Varghese and Sri.C.V.Abraham respectively in 1998 and in 2000 and the appeals being disposed of as abated. In the result, I dismiss all the above appeals as abated. K.P.BALACHANDRAN, JUDGE kns/-