IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 AS.No. 323 of 1996 -------------------------- O.S.446/1993 of PRINCIPAL SUB COURT, ERNAKULAM .................... APPELLANTS/DEFENDANTS: ------------------------------------------ 1. RANA TRADING COMPANY DOOR NO.XL/6848 NEAR ORIENTAL BANK OF COMMERCE M.G.ROAD, KOCHI-35 REPRESENTED BY ITS MANAGING PARTNER DR.JOS J. THALIATH S/O LATE SHRI.JOSEPH THALIATH, THALIATH HOUSE CHERANELLORE, KOCHI-24. 2. SHRI.DAVIS.G.VARIATH SON OF GEORGE VARIATH VARIATH HOUSE CHERANELLORE, KOCHI-24. 3. MRS.ANNIE JOS THALIATH W/O DR. JOS THALIATH THALIATH HOUSE CHERANELLORE, KOCHI-24. BY ADV. SMT.USHA RAVINDRAN RESPONDENTS / PLAINTIFF AND DEFENDANTS 4: 1. ORIENTAL BANK OF COMMERCE BRANCH OFFICE 38/915-C M.G. ROAD, COCHIN-35. 2. MRS.ANNA JOSEPH, W/O LATE JOSEPH THALIATH THALIATH HOUSE, CHERANELLORE, KOCHI-24. ADV. SRI.VAKKOM N.VIJAYAN, THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.S.GOPINATHAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S.No.323 OF 1996 - B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2009 JUDGMENT Basheer, J: This appeal was admitted and notice ordered to the respondents way back on July 5, 1996. Process was paid for service of notice on the respondents much later only on September 26, 1997 after giving several opportunities. Balance court fee was paid only on October 17, 1997. Notice on respondent No.2 who appears to be a close relative of the appellants could not be served since apparently she had left her former place of residence. Notice was returned in July 2004. Thereafter, the appellant has not taken any steps to serve notice on respondent No.2. When this appeal is posted today in the 'Defect List' neither the appellants nor their counsel are present. Therefore the appeal is dismissed for non-prosecution. (A.K.BASHEER, JUDGE) (P.S.GOPINATHAN, JUDGE). jes A.K.BASHEER & P.S.GOPINATHAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S.No.323 OF 1996 - B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated, 16th day of July, 2009