IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 MFA.No. 677 of 2002(D) ---------------------- AGAINST THE JUDGEMENT IN CP.22/2001 Dated 25/01/2002 .................... APPELLANT/PETITIONER: ----------------------------------- M/S. JYOMAN BUILDERS (P) LTD., S.R.M. ROAD, COCHIN - 682 018 REPRESENTED BY ITS MANAGING DIRECTOR MR. K. VINODKUMAR. BY ADV. SRI.E.R.VENKATESWARAN RESPONDENTS/RESPONDENTS IMPLEADED: ------------------------------------------------- 1. E. JOSEPH SIMON S/O. JOSEPH, ELANIKKAL VEEDU, PUTHIYA ROAD, KALOOR DESOM, ELAMKULAM VILLAGE, ERNAKULAM. 2. SONYDETH S.D., S/O. C.K. DEVADETH, CHARANKATTU HOUSE, KANICHUKULANGARA POST, ALAPPUZHA. 3. MRS. SUSY MATHEW, D/O. C. GHEEVARGHESE, CHENNAKATTU HOUSE, KOLANCHERRY, ERNAKULAM DIST. 4. MR. SEAN PAUL MATHEW, S/O. SUSY MATHEW, CHENNAKATTU HOUSE, KOLENCHERRY, ERNAKULAM DIST., REPRESENTED BY KUMARI BABU DULY CONSTITUTED ATTORNEY. 5. STATE BANK OF INDIA, COMMERCIAL BRANCH, KALOOR, COCHIN-17, REPRESENTED BY ITS CHIEF MANAGER. MFA.NO.677/2002 6. J.M. TOWERS APARTMENT OWNERS WELFARE ASSOCIATION, PALLIKKAVU TEMPLE ROAD, VADUTHALA, COCHIN-682 023, REPRESENTED BY ITS PRESIDENT. 7. J.M. PALACE APARTMENT OWNERS WELFARE ASSOCIATION, NORTH FORT GATE, TRIPUNITHURA REPRESENTED BY ITS PRESIDENT. ADV. SRI.N.DHARMADAN (SR) SRI.V.V.ASOKAN SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.K.T.SANKARAN SRI.JACOB MATHEW MANALIL FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.F.A.No.677 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2010 JUDGMENT Basheer, J. This appeal was admitted and notice ordered to respondents on September 5, 2002. Only respondent No.3 entered appearance. Thereafter, the appellant did not take any steps to serve notice on the other respondents. No process was paid for this purpose. Today, when the case is posted in the defect list, neither the appellant nor its counsel is present. Therefore, the Appeal is dismissed for non-prosecution. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.