IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 SA.No. 325 of 1999(E) ----------------------------------- AS.158/1994 of ADDL. DISTRICT COURT, N.PARAVUR OS.117/1990 of MUNSIFF COURT, PERUMBAVOOR .................... APPELLANTS/APPELLANTS 1&3/DEFENDANTS: 1. VIMALAS.MENON, W/O SREEDHARA MENON, NOW RESIDING AT CHANDRA VIHAR, PADIVATTOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK. 2. JAYA, D/O LATE SREEDHARA MENON, DO. DO. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS/RESPONDENTS/AAPL.2/PLNTFF.1 & LRS OF 2ND PLNTFF & D2 & 4: 1. KURIAN, S/O MATHAI, KOCHAKKAL HOUSE, VILANGU KARA, KIZHAKKAMBALAM VILLAGE. 2. MRS.ANNAM POULOSE, W/O K.M.POULOSE, DO. 3. MATHEW POULOSE, S/O K.M.POULOSE, DO. DO. 4. GEORGE POULOSE, DO. DO. 5. JESSY POULOSE, D/O DO. DO. 6. LISSY POULOSE, DO. DO. 7. USHA, D/O LATE SREEDHARA MENON, NOW RESIDING AT CHANDRA VIHAR, PADIVATTOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK. 8. SIVAKUMAR, S/O DO. DO. BY ADV. SRI.V.V.ASOKAN R1 TO R6 SMT.S.AMEENA THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- S.A.No.325 of 1999 -------------------------- JUDGMENT In this second appeal, which was admitted on 31.05.1999, notice issued to respondents 7 and 8 is returned with the report 'not known'. It is seen that several opportunities were afforded to the appellant to take steps to complete service of notice on respondents 7 and 8. But, no steps were taken to complete the service. Hence, the case was posted in the defect list on 18.12.2008, on which day also there was no representation for the appellant and therefore, it was ordered to be posted after Christmas vacation. Again, this second appeal is posted before this Court on this day in the defect list as defects are not cured, taking steps for notice being repeated on respondents 7 and 8. Counsel for the appellant is also absent and there is no representation even on his behalf. In the circumstances, this second appeal is dismissed for default. 1st April, 2009 (K.P.Balachandran, Judge) tkv 2 K.P.Balachandran, J. -------------------------- S.A.No.325 of 1999 -------------------------- JUDGMENT 1st April, 2009