IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 SA.No.734 of 1997 (D) -------------------------- AS.15/1996 of III ADDL.SUB COURT, KOZHIKODE OS.101/1994 of PRL.M.C.,KOZHIKODE-II .................... APPELLANT/APPELLANT/DEFENDANT: --------------------------------------------- MARAKKAR, AGED 62 YEARS, S/O MOYIN, MELE PADINHARETHODI IN NELLIKKOD AMSOM, AND DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) SMT.PRABHA R.MENON RESPONDENT/RESPONDENT/PLAINTIFF: ----------------------------------------------- PADMANABHAN NAIR, AGED 66 YEARS, S/O PENNUKUTTY AMMA, “LAKSHIMI NIVAS”, NELLIKKOD AMSOM AND DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.V.N.SWAMINATHAN SRI.T.GIRIJA THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. No.734 of 1997 ------------------------------------------------ Dated this the 26th day of August, 2008 JUDGMENT It is seen that when this matter was referred to the Adalath notice was sent from the Adalath both to the appellant and to the respondent and that notice issued to the appellant has been returned unserved with the report that he has expired and notice to the respondent has been returned unserved with the report “not known”. It was in the above circumstances that no settlement could be effected before the Adalath. Counsel for the appellant submits that the report that the appellant has expired S. A. No.734 of 1997 -2- must be true and that he is not getting any instruction at all from the appellant and that he has not heard from the appellant ever after 22/12/07. In the circumstances, I dismiss this Second Appeal as abated. K.P.BALACHANDRAN, JUDGE kns/-