IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 RSA.No. 889 of 2003 AS.79/1992 of DISTRICT COURT, MANJERI OS.78/1979 of MUNSIFF COURT, MANJERI .................... APPELLANT/APPELLANT/4TH PLAINTIFF: --------------------------------------------------- T. RAVISANKAR, ADVOCATE, RECEIVER IN O.S.32/67 SUB COURT OTTAPPALAM OF THE THARAKKAL ESTATE. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS: 2ND PLAINTIFF & DEFENDANT: --------------------------------------- 1. PATHUMMA UNNI UMMA, D/O. ORAMPURATH ALAVI KURIKKAL KARAKKARA, THUVOOR AMSOM DESOM IN ERNAD TALUK. 2. SREEDEVIKAVU WARRASSYAR, D/O. THARAKKAL WARIYATH KUNHIKAVU WARASSYAR RESIDING AT ARIYOOR, THEKKUMURI DESOM, OTTAPPALAM AMSOM, OTTAPPALAM TALUK. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- R.S.A. NO. 889 OF 2003 and C.M.APPL.NO. 388 OF 2003 -------------------------------------------- Dated this the 4th January, 2008 JUDGMENT As per order dated 28.11.2007, two weeks' time was granted as a last chance to cure the defects. The defects are not cured till date. Learned counsel for the appellant submitted that letter was sent to the appellant and that he has acknowledged the same. Counsel also submitted that the appellant has not turned up. 2. In the facts and circumstances of the case, C.M.Appl.No.288 of 2003, the application for condoning the delay of 61 days in filing the Regular Second Appeal, is dismissed for default. Consequent on the dismissal of the application for condonation of delay, the Regular Second Appeal is also dismissed. However, one month's time is granted to the appellant to get ready to cure the defects and apply for restoration of the appeal. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- R.S.A..NO. 889 OF 2003 JUDGMENT 4th January, 2008 -------------------------------------------