IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 AS.No. 646 of 1999() -------------------- OS.511/1993 of PRL.SUB COURT,TRIVANDRUM .................... APPELLANTS/PLAINTIFFS ------------------------------------- *1. SIVASANKARA PILLAI (DIED) S/O SIVARAMA PILLAI KUZHIVILAKATHU VEEDU THURUTHUMMOOLA RANDAMADA VILLAGE PEROORKADA P.O, THIRUVANANTHAPURAM 2. SAROJINI AMMA, D/O CHELLAMMA THINAVILAKATHU VEEDU KURUNGANOOR MURI MADATHUVILAKOM VILLAGE 3. VASANTHA KUMARI AMMA D/O CHELLAMMA DEVI VILASOM HOUSE PERINGAMMALA PALODE VILLAGE THIRUVANANTHAPURAM. * THE APPEAL STANDS DISMISSED AGAINST THE 1ST APPELLANT AS PER ORDER DATED 20.11.2009) BY ADV. SRI.S.V.RAJAN SRI.SAJAN SREERAJ RESPONDENT/DEFNDANT ------------------------------------- SATHYABHAMA D/O VIJAYAMMA CHOONDAVILA HOUSE NEDUMBRAM MURI CHETTIVILAKOM VILLAGE PEROORKADA P.O, THIRUVANANTHAPURAM. ADV. SRI.B.JAYASANKAR SRI.K.S.SREEKUMAR SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- A.S.No.646 of 1999 ---------------------------------------- Dated this the 10th day of December, 2009 JUDGMENT By order dated 14.8.2009 this Court observed that no steps have been taken for impleading the legal representatives of the deceased 1st appellant. This Court by the said order granted time for taking steps to implead the legal heirs of the deceased 1st appellant and further ordered that if no steps were taken the appeal will be dismissed for non- prosecution. The appeal was taken up again for consideration on 29.9.2009 and adjourned to 20.11.2009. On 20.11.2009 this Court dismissed the appeal against the 1st appellant, stating that in spite of repeated opportunities granted, the legal heirs of the deceased 1st appellant have not turn up for prosecuting the appeal. Since there was no representation on the side of the appellants on 3.12.2009 and 4.12.2009, this Court adjourned the appeal to today. Today also, there is no representation. Hence the appeal stands dismissed for default. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- A.S.No.646 of 1999 ---------------------------- JUDGMENT 10th December, 2009