IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 SA.No. 404 of 1998(F) ----------------------------------- OS.209/1988 of MUNSIFF COURT, CHENGANNUR AS.141/1993 of I ADDL. DISTRICT COURT, MAVELIKARA ....... APPELLANTS/RESPONDENTS/PLAINTIFFS: 1. SUKUMARI, PATHANAKATTIL VEETTIL, MUNDANCAVU MURI, VADAKKEKKARA VILLAGE, CHENGANNUR. 2. SASINDRAN, DO. DO. 3. GEETHA, DO. DO. 4. GIRIJA, DO. DO. 5. AJITHA, DO. DO. 6. USHA, DO. DO. 7. VANAJA, DO. DO. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENTS/APPELLANTS/DEFENDANTS: 1. GOPI, KURATTITHARA VEETTIL, MUNDANCAVU MURI, VADAKKEKARA VILLAGE, CHENGANNUR TALUK. 2. LEKSHMI, MADATHIPARAMBIL, DO. DO. BY ADV. SRI.M.JACOB MURICKAN THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- S.A.No. 404 of 1998 --------------------------- JUDGMENT It is seen that memo is filed on 27.2.2007 by the counsel for the first respondent, who was also the counsel appearing for the second respondent, reporting that the first respondent informed him that the second respondent passed away on 21.10.1999 and that her legal representatives are persons 1 to 7 made mention of in the said memo. Naturally, therefore, there was absolutely no difficulty for the appellants to take steps to implead the legal representatives of the deceased second respondent. One year and four months have elapsed after filing the said memo with notice to the counsel for the appellants. No steps are taken to implead the legal representatives even now. 2. Today, it is submitted by Advocate Smt.Manju Rajan on behalf of Advocate Sri.K.K.Chandran Pillai, counsel for the appellant, that despite communication given, the appellants have not turned SA 404/98 2 up. She also prays for two weeks' time on behalf of the appellants' counsel to contact the parties. The appellants, who have not turned up to give instructions for one year and four months and have not shown any interest in prosecuting the appeal, do not deserve any further time being granted, especially when the second appeal is one filed as early as in 1998. In the result, this second appeal is dismissed for default. 20th June, 2008 (K.P.Balachandran, Judge) tkv SA 404/98 3 K.P.Balachandran, J. --------------------- S.A.No.404 of 1998 --------------------- JUDGMENT 20th June, 2008