IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 RSA.No. 1023 of 2005(A) ----------------------- AS.29/1996 of SUB COURT, TIRUR OS.162/1990 of MUNSIFF COURT, TIRUR .................... APPELLANT : ------------- MOOSA MUSALIYAR, S/O.MALIYEKKAL ASSAINAR, THANOOR AMSOM, DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI RESPONDENTS: ----------------- 1. VELLIYATH CHERIYAD @ CHERIYA MOHAMMED, S/O.VEERANKUTTY, CHERIYAMUNDAM AMSOM, THALAKKADATHUR DESOM. 2. ABBAS, S/O.MALIYEKKAL ASSAINAR, DO. DO. 3. THITHEEMU UMMA, D/O.MALIYEKKAL ASSAINAR, THANOOR AMSOM, DESOM, MALAPPURAM DISTRICT. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------------- R.S.A. No. 1023 OF 2005 ----------------------------------- Dated this the 18th day of January, 2008 JUDGMENT On 05.10.06, an order was passed directing the appellant to produce the draft paper publication. After considerable lapse of time, the draft paper publication was produced in November 2006. After approving the draft, the same was received by the counsel. The publication is not so far effected. The learned counsel for the appellant submits that, most probably, the dispute between the parties might have been settled out of court. He prays for further time to verify whether the matter is really settled. In the facts and circumstances, the prayer for adjournment cannot be granted. The Regular Second Appeal is therefore dismissed for default. However, if the matter is not really settled, the appellant is granted liberty to file a memo to that effect within one month from today, in which event the RSA will be restored to file. It is needless to say that before filing the memo, all the defects should be cured. K.T.SANKARAN, JUDGE btt WPC 2