IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 FAO.No. 266 of 2004() --------------------- AS.20/2002 of SUB COURT,NEYYATTINKARA OS.376/1980 of PRL.M.C.,NEYYATTINKARA .................... : APPELLANTS: RESPONDENTS 1 TO 4/PLAINTIFFS: -------------------------------------------------------- 1. BHAGAVATHI AMMA PONNAMMA, AGED 53, KRISHNAVILASOM BUNGLOW, THALAYAL DESOM, ATHIYANNOOR VILLAGE. 2. APPUKUTTAN KARMACHANDRAN, -DO- -DO-. 3. APPUKUTTAN PRATHAPACHANDRAN, -DO- -DO-. 4. APPUKUTTAN KRISHNAKUMAR, -DO- -DO-. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: APPELLANTLNT/2ND DEFENDANT &RESPONDENTS 5 TO 9 / DFNDTS.1,3,4,6 & 7: -------------------------------------------------------------- 1. JANAKI PILLAI SUMATHY AMMA, CHERIYAKONATHU ROADARIKATHU KADAYARA VEEDU, ATHIYANOOR DESOM, ATHIYANNOOR VILLAGE. 2. KUNJU KRISHNA PILLAI PARAMESWARAN NAIR, AGED 56, RETIRED DRIVER, K.S.R.T.C.,NEYYATTINIKARA RESIDING AT THIRUVALLOOR PUTHEN VEEDU, ATHIYANNOOR DESOM, ATHIYANNOOR VILLAGE. 3. KUNJUKRISHNA PILLAI SUKUMARAN NAIR, AGED 62, THIRUVALLOOR PUTHEN VEEDU, ATHIYANNOOR DESOM, ATHIYANNOOR VILLAGE. -2- F.A.O/266/2004 4. KUNJUKRISHNA PILLAI SREEDHARAN NAIR, AGED 58 OF -DO- -DO-. 5. KALYANI PILLAI SARASWATHY AMMA, AGED 72, RESIDING AT THIRUVALLOOR PUTHEN VEEDU, ATHIYANNOOR DESOM, ATHIYANNOOR VILLAGE. 6. KUNJUKRISHNA PILLAI GOPINATHAN NAIR, AGED 66 OF -DO- -DO-. (5TH DFNDT. DIED DURING THE TRIAL STATE ITSELF. DEFENDANTS 1 TO 4 WERE RECORDED AND DEFENDANTS 6 & 7 WERE IMPLEADED AS HER LEGAL HEIRS). BY ADV. SRI.B.KRISHNA MANI FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: F.A.O./266/2004 -3- ORDER ON I.A. NO.3685 OF 2004 IN F.A.0. NO.266 OF 2004 DISMISSED. 18-07-2008 SD/-M.N.KRISHANAN,JUDGE. /True copy/ p.a. to Judge. bps M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O. NO. 266 OF 2004 = = = = = = = = = = = = = = = Dated this the 18th day of July, 2008. J U D G M E N T Counsel for the appellant seeks time to take steps. I had given time as final on 16.6.08 and again extended it on 7.7.08 as very last chance. Now, I am not willing to grant a further adjournment. Therefore, the FAO is dismissed for default. M.N. KRISHNAN, JUDGE. ul/-