IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 RSA.No. 1292 of 2005 ----------------------------------- AS.53/1994 of SUB COURT, OTTAPPALAM OS.124/1993 of MUNSIFF COURT, OTTAPPALAM .................... APPELLANT/APPELLANT/DEFENDANT: MOHAMMED, S/O. LATE NAMBIATH MARAKKAR, RESIDING AT ELAMBULASSERY AMSOM, POMBRA DESOM, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS/RESPONDENTS/PLAINTIFFS: 1. KUNHI MOHAMMED, S/O. MURICHIRA VALIYA MAMMAD. 2. KHADEEJA UMMA, W/O. KUNHI MOHAMMED. BOTH RESIDING AT ELANULASSERI AMSOM, AND DESOM, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.Appl.No.821 of 2005 & R.S.A.No.1292 of 2005 --------------------------- JUDGMENT Counsel for the appellant submits that the C.M. Application seeking for condonation of delay of 1142 days in filing the Regular Second Appeal is not pressed, as he has instructions to withdraw the appeal. The submission is recorded. In the result, I dismiss the C.M. Application. Consequently, the Regular Second Appeal also stands dismissed. 24th June, 2008 (K.P.Balachandran, Judge) tkv