IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 RSA.No. 1147 of 2008() ---------------------- AS.11/2005 of I ADDL.SUB COURT,ERNAKULAM OS.554/2002 of PRL.M.C.,ERNAKULAM .................... APPELLANTS/APPELLANTS/DEFENDANTS ---------------------------------------------------- 1. INDIRA, UNEMPLOYED, W/O.LATE UNNIKRISHNAN, AGED 37, THATTAMPARAMBIL VEETTIL, RESIDING AT MOORKKANIKARA DESOM, MOORKKANIKARA VILLAGE, THRISSUR DISTRICT. 2. SREELAKSHMI (MINOR) AGED 9, D/O.LATE UNNIKRISHNAN, -DO- -DO- REPRESENTED BY NATURAL GUARDIAN AND MOTHER INDIRA. 3. APPU (MINOR) AGED 7, S/O.LATE UNNIKRISHNAN -DO- -DO- REPRESENTED BY NATURAL GUARDIAN AND MOTHER INDIRA. 4. KAMALAKSHI, W/O.NARAYANAN EZHUTHACHAN, THATTAMPARAMBIL VEETTIL, AGED 69, MOORKKANIKARA DESOM, MOORKKANIKARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.T.KURIAKOSE PETER RESPONDENT(S): RESPONDENTS/PLAINTIFF ------------------------------------ MAMBAD RUBBER MANUFACTURING CO.LTD., AT PRESENT FUNCTIONING AT BUILDING NO.38/4980, REGISTERED UNDER THE COMPANIES ACT 1956, TRIPTHI' LANE, MANORAMA JUNCTION, COCHIN - 16, REPRESENTED BY COMPANY'S PRINCIPAL OFFICER AND MANAGING DIRECTOR SRI.B.D. BALLOTIA. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- R.S.A No. 1147 OF 2008 ------------------------------- Dated this the 26th November, 2008. JUDGMENT The widow, two children and mother of one Unnikrishnan and who were the defendants in O.S.554/2002 on the file of the Principal Munsiff's Court, Ernakulam are the appellants in this second appeal. The said suit was for recovery of total amount of Rs.68,054/- due under Ext.A7 cheque dated 1.2.2000 and Ext.A13, phtostat copy of cheque dated 12.9.1999. Ext.A7 cheque was for a sum of Rs. 32,744/- and the other cheque was for a sum of Rs.35,310/-. There were criminal prosecutions also involving the said two cheques in two different criminal courts. The trial court as per judgment and decree dated 31.1.2005 decreed the suit so far as it relates to Ext.A7 cheque for a sum of Rs.32,744/- and dismissed the suit so far as it relates to the other cheque since the original cheque was not before court. Aggrieved by the decree granted by the trial court the defendants filed A.S.11/05. Aggrieved by the dismissal of the suit so far as it relates to Ext.A13 cheque the plaintiff had preferred a memorandum of cross objection. The R.S.A. 1147/08 2 lower appellate court, as per judgment dated 11.1.2007 dismissed the appeal preferred by the defendants and allowed the cross objection filed by the plaintiff and remanded the case for re- consideration of the plaintiffs' case so far as it relates to Ext.A13 cheque. 2. It is submitted by the learned counsel for the appellants that after the remand by the lower appellate court the trial court has granted a decree with regard to Ext.A13 cheque as well and the appellants have preferred an appeal as A.S.81/08 before the District Court, Ernakulam. If so, this appeal has become infructuous and is dismissed as such. V. RAMKUMAR JUDGE jj