IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 SA.NO. 845 OF 1996() -------------------- AS.53/1993 OF SUB COURT, PAYYANNUR OS.165/1990 OF MUNSIFF COURT, PAYYANNUR .................... APPELLANT - 1ST RESPONDENT – PLAINTIFF: -------------------------------- PAICHADATHIL GOPALAN ADIYODI, S/O.LAKSHMI AMMA, RESIDING AT CHUNDA IN VAYAKKARA AMSOM, PULINGOME DESOM. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SMT.K.P.SANTHI RESPONDENT – APPELLANTS – RESPONDENTS 2 & 3 AND DEFENDANTS 3, 4, 1 & 2: --------------- 1. ALAVALAPPIL BALAN, S/O. SREEDEVI AMMA, RESIDING AT VAYAKKARA AMSOM, PULINGOME DESOM. 2. ALAVALAPPIL TAMBAI ALIAS SREEDEVI, D/O. SREEDEV AMMA, RESIDNG AT KOLUVALLI, VAYAKKARA AMSOM, PULINGOME DESOM. 3. ALAVALAPPIL RAGHAVAN, S/O. SREEDEVI AMMA, RESIDING AT KOLUVALLI, VAYAKKARA AMSOM AND DESOM. 4. ALAVALAPPIL SYAMALA, S/O. SREEDEVI AMMA, RESIDING AT KOLUVALLI, VAYAKKARA AMSOM, PULINGOME DESOM. SRI.MAHESH V RAMAKRISHNAN FOR R3 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = R.S.A. NO.845 of 1996 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of February, 2010 J U D G M E N T --------------------- Learned counsel for appellant submits that registered notice issued to the appellant returned with the endorsement that appellant expired. It is also submitted by learned counsel that legal representatives of the appellant have not turned up to take necessary steps. Nor is the counsel able to ascertain details of the legal representatives. No steps are also taken for impleadment of the legal representatives. Hence the Second Appeal is dismissed for non-prosecution. No costs. Civil Miscellaneous Petition No.1806 of 1996 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== S.A. NO.845 of 1996 =================== J U D G M E N T 17TH FEBRUARY, 2010