IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 RSA.No. 1005 of 2005 AS.43/2004 of ADDITIONAL SUB COURT, KOCHI OS.430/1999 of ADDL.MUNSIFF'S COURT,KOCHI APPELLANT: APPELLANT: DEFENDANT: -------------------------- KARMILY AUGUSTINE, PEEDIYAKKAL HOUSE, VATHURUTHY, MATSYAPURI, KOCHI-682 029. BY ADV. SRI.PHILIP T.VARGHESE SRI.M.F.MOHAMMOD SIYAD SRI.THOMAS T.VARGHESE RESPONDENTS: RESPONDENTS: PLAINTIFFS: ------------- 1. MAGGI PAILY, H.NO. 4/794, ELANJIKALPARAMBU, NEAR POPULAR CANDLES, EDAPPALLY, KOCHI-682 024. 2. MATHEW PAILY, H.NO. 4/794, ELANJIKALPARAMBU, NEAR POPULAR CANDLES, EDAPPALLY, KOCHI-682 024. BY THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- R.S.A. NO. 1005 OF 2005 and C.M.APPL.NO. 644 OF 2005 -------------------------------------------- Dated this the 25th March, 2008 JUDGMENT When the matter was posted before the Registrar (Judicial) in the defect list, it was represented that the appellant does not intend to proceed with the appeal. Today, when the case came up in the defect list, learned counsel appearing for the appellant submitted that he has no instructions in the matter. It is also submitted that in spite of sending a letter to the appellant, she has not responded to take necessary steps. C.M.Appl.No.644 of 2005, application for condoning the delay of 24 days in filing the Regular Second Appeal, is, therefore, dismissed. Consequent on the dismissal of the application for condoning the delay in filing the appeal, the Regular Second Appeal is also dismissed. (K.T.SANKARAN) Judge ahz/