IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 RSA.No. 1082 of 2007 ----------------------------------- AS.29/1997 of SUB COURT, PAYYANNUR OS.170/1989 of MUNSIFF COURT, PAYYANNUR .................... APPELLANTS/APPELLANTS/DEFENDANTS: 1. CHAKLIAN DAMODARAN, STONE CRUSHING ALAPADAMBA AMSOM, VADAVANDOOR DESOM. 2. CHAKLIYAN JANAKI, W/O DAMODARAN, ALAPADAMBA AMSOM, VADAVANDOOR DESOM. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENTS/RESPONDENTS/PLAINTIFFS: 1. KOLIYADAN KELU NAIR, AGRICULTURIST, S/O LAKSHMI AMMA, ALAPADAMBA AMSOM DESOM, ALAPADAMBA, P.O.ETTUKUDUKKA, KANNUR DISTRICT. 2. EDAVAN VALLITHAN VALAPPIL KUNHIKANNAN NAMBUIAR, S/O KALLIANIAMMA, RETD. TEACHER, ALAPADAMBA AMSOM DESOM, ALAPADAMBA, P.O. ETTUKUDUKKA, KANNUR DISTRICT. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- R.S.A.No. 1082 of 2007 --------------------------- JUDGMENT Counsel for the appellants was consecutively remaining absent in this case ever after condonation of delay vide C.M.Appl.No.787/07 on 5.12.2007. When this matter came up on 19.6.2008, after a few postings from 5.12.2007 onwards, Advocate Sri.K.V.Jayakumar Namboodiri submitted on behalf of Advocate Sri.Muralikrishnan that Sri.Muralikrishnan has accepted employment under the Union Bank of India and joined the Bank on 31.5.2008; that he had already communicated that fact to the appellants, but, the appellants have not turned up and that therefore, appropriate orders may be passed in this Regular Second Appeal. Probably, what he wanted was a disposal of this appeal then and there. But, this Court, in view of the submission made as above, ordered this case to be posted to 30.6.2008, namely to this day, to see if the appellants enter appearance or engage RSA 1082/07 2 anybody else to appear and prosecute the appeal. Today, not only that there is no representation for the appellants, but the appellants are also absent. In the result, I dismiss this Regular Second Appeal for default. 30th June, 2008 (K.P.Balachandran, Judge) tkv