IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 SA.No. 659 of 2000(C) --------------------- AS.107/1994 of DIST & SESSIONS COURT, ALAPPUZHA OS.318/1991 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... APPELLANTS/RESPONDENTS/DEFENDANTS --------------------------------------------------------------- 1. JOSEPH DAS, RESIDING AT CHARANGATTU VEEDU POLLETHAI MURI, KALAVOOR VILLAGE AMBALAPUZHA TALUK 2. RETNAVALLI AMMA, RESIDING AT KILLIKATTU VEEDU KATTOOR MURI, KALAVOOR VILLAGE, AMBALAPUZHA TALUK BY ADV. SRI.A.KRISHNAN RESPONDENTS/APPELLANTS/PLAINTIFFS: ------------------------------------------------------------ 1. K K DASAPPA PANICKER, RESIDING AT KILLIKKATTU VEEDU, KATTOOR MURI KALAVOOR VILLAGE, AMBALAPPUZHA TALUK 2. BHAIRAVIKUTTY ALIAS SOUDAMINI RESIDING AT VADAKKEVELIYIL VEEDU MANNANCHRRY MURI, MANNANCHERRY VILLAGE AMBALAPPUZHA TALUK (APPEAL STAND SABATED AS AGAINST THE 2ND RESPONDENT AS PER ORDER DT.22.5.2008 ON IS NO.1054/08) ADV. SRI.ROY CHACKO THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SA 659/00 IA NO.1711/2000 IN SA NO.659/00 DISMISSED 14.07.2011 SD/-P.BHAVADASAN, JUDGE TRUE COPY PA TO JUDGE K.P.BALACHANDRAN, J. ------------------------------------------------ I. A. No.1054 of 2008 & C. M. Appl. No.356 of 2008 in S. A. No.659 of 2000 ------------------------------------------------ Dated this the 22nd day of May, 2008 COMMON ORDER I. A. No.1054/08 is an application to implead additional third respondent as the legal representative of the deceased second respondent setting aside the abatement of the appeal and C.M. Application No.356/08 is an application for condonation of delay in filing petition to implead legal representative of the second respondent in the appeal. The second respondent in the appeal Bhairavikutty expired on 18/01/06 and memo had been filed by the counsel for the respondents on 22/08/06 serving copy also to counsel for the appellant reporting the date of death of the second respondent and showing the details of the sons, daughters and grand daughter of the second respondent who are her legal heirs. S. A. No.659 of 2000 -2- Despite giving all those details and serving copy of the said memo to the counsel for the appellant, steps were taken to implead LRs of the deceased second respondent only on 08/04/08 after more than one and a half years. The culpable neglect in the matter of filing petition to set aside abatement and to implead the LRs does not enable the delay being condoned. In the result, I dismiss C. M. Application No.356/08 and consequently I.A. 1054/08 as well. The appeal stands abated as against the second respondent. K.P.BALACHANDRAN, JUDGE kns/-