IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 SA.No.833 of 1999 (G) --------------------------- A.S.129/94 OF II ADDL. SUB COURT, ERNAKULAM O.S.1266/92 OF II ADDL. MUNSIFF COURT, ERNAKULAM .............. APPELLANT/1ST DEFENDANT IN O.S./APPELLANT: ----------------------------------------------------------- N.K.VALSA DAUGHTER OF LATE KARTHIYAYANI AMMA, NANGETH PUTHENPURAYIL, AMBALLOOR KARA, AMBALLOOR VILLAGE, KANAYANNOOR TALUK. BY ADV. SRI.P.K.RAGHAVAN RESPONDENTS/RESPONDENTS/PLAINTIFFS AND DEFENDANTS 2 TO 5: ----------------------------------------------------------------------------- 1. REMANI, DAUGHTER OF KARTHYAYANI AMMA, RESIDING AT SANTHI BHAVAN, KOONAMTHAI, PUTHUPALLIPURAM KARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK. 2. SANKARAN NAIR, SON OF KARTHYAYANI AMMA (DIED) RESIDING AT LEKSHMI MANDIR, MAJOR ROAD, VYTTILA, ERNAKULAM DISTRICT. 3. PRABHAKARAN NAIR, SON OF KARTHYAYANI AMMA, RESIDING AT VETTUVELIL, NAYARAMBALAM, ERNAKULAM DISTRICT. 4. SARASWATHY ALIAS SARASU, D/O KARTHYAYANI AMMA, RESIDING AT CHAITHANYA HOUSE, JANATHA ROAD, VYTTILA, ERNAKULAM DISTRICT. 5. N.G.RADHAKRISHNAN, S/O OF KAMALAKSHY AMMA, RESIDING AT NANGETH PUTHENPURAYIL, CHAITHANYA, VYTTILA, ERNAKULAM DISTRICT. 6. KAMALAKUMARY, D/O KAMALAKSHY AMMA, NANGETH PUTHENPURA, CHAITHANYA HOUSE, VYTTILA, ERNAKULAM DISTRICT. SA.No.833 of 1999 (G) -2- 7. GOVINDANKUTTY NAIR, PENSIONER, RESIDING AT NANGETH PUTHENPURA, CHAITHANYA HOUSE, VYTTILA, ERNAKULAM DISTRICT. 8. KARUNAKARAN, NAVAL BASE EMPLOYEE, RESIDING AT NANGETH PUTHENPURAYIL, AMBALLOOR KARA, AMBALLOOR VILLAGE, KANAYANNUR TALUK. 9. P.G.LAKSHMIKUTTY, W/O LATE SANKARAN NAIR, KAPPADU PARAMBIL, MAJOR ROAD, VYTTILA P.O. 10. SASIDHARAN, S/O LATE SANKARAN NAIR RESIDING AT LAKSHMI MANDIR, MAJOR ROAD, VYTTILA P.O. 11. JAYA GOPALAN, S/O LATE SANKARAN NAIR, RESIDING AT LAKSHMI MANDIR, MAJOR ROAD, VYTTILA P.O. 12. SATHYSEELAN, S/O LATE SANKARAN NAIR, DO. DO. 13. P.S.SASIKALA, W/O K.G.VIJAYAKUMAR, KARIYEDETH HOUSE, ELAMAKKARA P.O., KOCHI-26 ADV. SRI.K.K.JOSEPH SRI.K.J.GEORGE SRI.A.V.GEORGE THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ S. A. No.833 of 1999 ------------------------------------------------ Dated this the 24th day of February, 2009 JUDGMENT In this Second Appeal filed as early as in 1999 orders were passed admitting the appeal on 06/01/2000 and notice was ordered. Interim stay of passing of the final decree was also granted. When notice was issued to respondents it was returned with the report R2 expired. Ever thereafter, for more than eight years, the appellant has not cared to take any steps to implead LRs of the deceased second respondent and there was no representation also when the case was posted in the defect list by the Registry. It is therefore, that the case is posted at Bench in the defect list. Counsel for the appellant is absent and there is no representation even on his behalf. 2. In the result, I dismiss this Second Appeal. Communicate the dismissal and the S. A. No.833 of 1999 -2- vacating of interim stay to the court below forthwith so as to enable final decree proceedings being proceeded with. K.P.BALACHANDRAN, JUDGE kns/-