IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 SA.No. 165 of 1997(D) AS.73/1990 ON THE FILE OF THE SUB COURT, TIRUR OS.NO.147/1982 OF MUNSIFF'S COURT, PARAPPANANGADI APPELLANTS: RESPONDENTS 1 TO 5 AND 7: PLAINTIFFS 1 TO 5 AND 7: 1. CHAKKAMMATTIL PARANTHU'S CHILDREN KORUKUTTY 2. SUBRAMANIAN 3. THAMI 4. KUNHI 5. VALLI 6. CHAKKAMMATTIL UNNOOLI, D/O.CHAKKU ALL RESIDING AT PARAPPUR AMSOM AND DESOM TIRUR TALUK. BY ADV. SRI.T.KRISHNANUNNI RESPONDENTS: APPELLANTS 2 AND 4 TO 7 AND RESPONDENTS 8 TO 12: DEFENDANTS 2, 4 TO 10, 1 AND 3: 1. CHAKKAMATTIL THAM'S CHILDREN ANDI, RESIDING AT PARAPPUR AMSOM AND DESOM, TIRUR TALUK. 2. KUNHIPENN, TIRURANGADI AMSOM, KAKKAD DESOM, TIRUR TALUK. 3. KUNHAMMA, RESIDING AT PONMULA AMSOM AND DESOM, ERNAD TALUK. 4. JANAKI, RESIDING AT PONMULA AMSOM AND DESOM, ERNAD TALUK. 5. CHIRUTHAKUTTY, W/O.THAMI RESIDING AT PONMULA AMSOM AND DESOM, ERNAD TALUK. 6. CHAKKAMMATTIL PARATHAN'S CHILDREN UNNOOLI RESIDING AT VALIYORA AMSOM AND DESOM, TIRUR TALUK. 7. KUNHATHA, RESIDING AT VENGARA AMSOM, KUTTUR DESOM, TIRUR TALUK. 8. CHEER, RESIDING AT PARAPPUR AMSOM AND DESOM, TIRUR TALUK. 9. CHAKKAMMATTIL CHANGARU, S/O.THAMI RESIDING AT PARAPPUR AMSOM AND DESOM, TIRUR TALUK. 10. CHAKKAMMATTIL VELAYUDHAN, S/O.THAMI RESIDING AT PONMULA AMSOM AND DESOM, ERNAD TALUK. R12 & R2 BY ADV. SRI.K.RAMACHANDRAN R9 AND R10 BY ADV.SRI.VINOD RAVINDRANATH SRI.K.MANU RAJ THIS SECOND APPEAL HAVING COME UP FOR HEARING ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- S.A. NO. 165 OF 1997 C -------------------------------------------- Dated this the 11th March, 2008 JUDGMENT On 1.2.2008, two weeks' time was granted to cure the defects. Again as per order dated 22.2.2008, ten days' time was granted to cure the defects as a last chance. It was noticed that if the defects were not cured by that time, the Second Appeal would be dismissed. The defects are not cured yet. The Second Appeal is, therefore, dismissed for default. Liberty is granted to the appellants to cure the defects and to apply for restoration of the appeal within a period of three weeks. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- S.A.NO. 165 OF 1990 C JUDGMENT 11th March, 2008 -------------------------------------------