IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 RSA.No. 1239 of 2006(E) AGAINST THE JUDGMENT AND DECREE DATED 15.12.2004 IN AS.NO.35/1998 OF PRINCIPAL SUB COURT,ATTINGAL OS.128/1996 of MUNSIFF COURT,VARKALA APPELLANT/APPELLANT/PLAINTIFF: RAVEENDRAN, S/O.JAGADEESAN, VALIYAVILAKOM, THEKKUM MURI VEEDU, KAPPIL DESOM, EDAVA VILLAGE NOW AT R.S.LAND, THYKAD, THIRUVANANTHAPURAM. BY RESPONDENTS: RESPONDENTS 2 TO 4/DEFENDANTS 1. INDIRA, D/O.JAGADEESAN, PUTHEN VEEDU, VALIYAVILAKOM THEKKUM MURI VEEDU, KAPPIL DESOM, EDAVA VILLAGE. 2. RADHAMANY, D/O.RAGHAVAN, DO. DO. 3. SUJATHAN, S/O.RAGHAVAN, DO. DO. BY THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- R.S.A. NO. 1239 OF 2006 and C.M.APPL.NO.2908 OF 2006 -------------------------------------------- Dated this the 2nd April, 2008 JUDGMENT The learned counsel appearing for the appellant was elevated as a Judge of this Court. No fresh vakalath was filed. Therefore, as per the order dated 11.3.2008, notice was issued to the appellant directing him to take steps to cure the defects. Notice was issued to the appellant in the address shown in the Memorandum of Appeal. But, it was returned stating “not known”. The defects are not cured. There is no representation on behalf of the appellant. The appellant has not appeared also. C.M.Appl.No.2908 of 2006, the application for condoning the delay of 186 days in filing the Regular Second Appeal is, therefore, dismissed for default. 2. Consequent on the dismissal of the application for condoning the delay in filing the Appeal, the Regular Second Appeal is also dismissed for default. It is made clear that the appellant is granted liberty to apply for restoration of the Appeal, provided he is prepared to cure the defects within one month from today. Send a copy of this judgment to the appellant through the Munsiff's Court, Varkala. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ----------------------------------------- ----------------------------------------- R.S.A.NO. 1239 OF 2006 and C.M.APPL.NO.2908 OF 2006 JUDGMENT 2nd April, 2008 -----------------------------------------