IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Ex.SA.No. 11 of 2004 ---------------------------------- AS.74/1994 of ADDL.SUB COURT, KOTTAYAM EA.710/83 IN EP.183/1983 IN OS.363/1981 of MUNSIFF COURT, VAIKOM .................... APPELLANT/2nd RESPONDENT/LR OF APPLICANT: KUTTY THANKAPPAN, PATHIL VEEDU, KARAPPADOM, UDAYANAPURAM. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR RESPONDENTS/APPELLANTS/RESPONDENTS 2-8: 1. NARAYANAN RAJAPPAN, S/O.NARAYANAN, RESIDING AT PUTHENTHARAYIL, VADAKKEMURI KARA,VADAKKEMURI VILLAGE, VAIKOM TALUK. 2. SOBHANA, D/O. DO. IN DO. DO. 3. JANAKI, W/O.DO. RESIDING AT PATHIL, AKKARAPADOM KARA, PADINJARE MURI, VADAKKE MURI VILLAGE, VAIKOM TALUK. 4. SOMAN, S/O.DO. IN DO. DO. 5. RAJAPPAN, S/O. DO. IN DO. DO. 6. THANKAMANI, D/O. DO. IN DO. DO. 7. KAUSALLIYA, W/O.NARAYANAN, RESIDING AT PUTHENTHARAYIL, KULASEKHARAMANGALAM MURI AND VILLAGE. ADV. SRI.N.N.SUGUNAPALAN, SR. FOR R1 TO 4 & 6 SRI.S.SUJIN FOR R1 TO 4 & 6 THIS EXECUTION SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- Ex.S.A.No.11 of 2004 -------------------------- JUDGMENT A memo has been filed by the counsel for the appellant reporting that the legal representatives of the deceased seventh respondent are respondents 1 and 2 and that may be recorded. There is no mention as to the relationship between the seventh respondent and respondents 1 and 2. Counsel for the appellant submits that the seventh respondent Kausallya is the wife of Narayanan and therefore, respondents 1 and 2, who are the children of Narayanan, could be children of Kausallya. But the third respondent Janaki is also shown as the wife of Narayanan and respondents 4 to 6 are shown similarly as children of Narayanan. Counsel for the appellant has no idea to make any submission when this is pointed out. It appears that memo has been filed only with a view to avoid dismissal of this Execution Second Appeal for default when no steps EXSA 11/04 2 are taken and there was a conditional order passed on 7.12.2007 that in case steps are not taken within ten days' time granted as last chance, the Execution Second Appeal will stand dismissed. In the circumstances, for failure to take steps, this Execution Second Appeal stands dismissed as per order dated 7.12.2007. 5th March, 2009 (K.P.Balachandran, Judge) tkv