IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 AS.No. 345 of 1992(B) --------------------- OS.109/1986 of PRL.SUB COURT, KOZHIKODE .................... APPELLANTS/DEFENDANTS IN O.S.: -------------- 1. MISS. R. MINI (SOONA), RESIDING AT MINI COTTAGE, MUTHUKULAM, ALLEPPEY DISTRICT. 2. PAVANAN, EDITOR, “UKTHIREGHA”, NAGARAM AMSOM DESOM, KOZHIKODE. 3. N. BALAKRISHNAN, PRINTER & PUBLISHER, “UKTHIREKHA”, KOZHIKODE. BY ADV. MR. V.V.SURENDRAN MR. P.M.PADMANABHAN MR. P.CHATHUKUTTY RESPONDENTS/PLAINTIFFS IN O.S.: --------------- 1. MATHA AMRUTHANANDAMAYI MISSION, REPRESENTED BY ITS SECRETARY, K. PARAMESWARAN UNNITHAN, PARAYAKADAVU, KARUNAGAPPALLY TALUK. 2. K.P. CHANDRADASAN, S/O. APPUTTY, CONTRACTOR, LAXMI NIVAS, PANTHEERANKAVU, KOZHIKODE. ADV. MR. GOVIND K.BHARATHAN, SENIOR ADVOCATE MR. N.MOHANAN MR. K.SHRIHARI RAO MR. M.RAJESH KUMAR THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.S.345/92 ORDER ON CMP.4399 OF 2002 IN A.S.345 OF 1992 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 20.2.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- A.S. No.345 OF 1992 -------------------------------------------------- Dated this the 20th day of February, 2009 J U D G M E N T The appeal is filed challenging the decree for damages for defamation based on Ext.A4 publication. Learned senior counsel appearing for respondents/plaintiffs submitted that the suit was instituted in 1986, immediately after Ext.A4 publication, and at this distant point of time, even though plaintiffs obtained the decree, they have no intention to proceed further or to execute the decree and in such circumstances the appeal may be closed. The second appellant is no more. His legal heirs were not impleaded in the appeal. Considering the submission of the learned senior counsel, in the circumstances of the case, I do not find it necessary to decide the appeal on merits as it would only be an unnecessary waste of time. The appeal is therefore closed. M. SASIDHARAN NAMBIAR, JUDGE okb CRRP 2