IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 AS.No. 61 of 1995() ------------------- O.S.94/1991 OF SUBORDINATE JUDGE'S COURT, PALAKKAD. APPELLANT/FIRST DEFENDANT: ----------- (*)BALAKRISHNAN NAIR, AGED 59 YEARS, S/O.VELU NAIR, THOTTAKKARA, KIZHAKKUTHARA AMSOM AND DESOM, KOLLENGODE, CHITTUR TALUK. (DIED. VIDE MEMO - CF.3147/07) BY ADV. SRI.P.R.VENKATESH RESPONDENTS/PLAINTIFFS AND DEFENDANTS 2 AND 3: ------------- 1. K.KESHAVA MENON, S/O.GOPALAN MENON, PARAKALATHIL, KOLLENGODE, CHITTUR TALUK. 2. SARALA DEVI, W/O.K.KESHAVA MENON, RESIDING AT -DO- -DO- 3. M.SUSHEELA, W/O.BALASUBRAMANIAN, BHARGAVI NILAYAM, CHITTUR TALUK. 4. M.HARINARAYANAN, S/O.PARVATHI AMMA, PLAGTOFRABRIC, AMINJIKKARAI, MADRAS. 5. K.LEKSHMIKUTTY, D/O.SUBADRA AMMA, 4a INDIAN AIRLINE COLONY, KALINIA, BOMBAY 29. R1 TO R3 BY ADV. SRI.V.CHITAMBARESH (SR.) THIS APPEAL SUITS ALONG WITH CROSS-OBJECTION HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- A.S.No.61 of 1995 & Cross objection ------------------------------------------------- Dated, this the 26th day of March, 2008 JUDGMENT A.S.No.61/1995 In this case the sole appellant died and as early as on 17.7.2007 the counsel for respondents filed a memo to record that fact. As per order dated 31.5.2007 the appeal so far as it relates to respondents 4 and 5 was dismissed. Since the appellant died more than nine months ago, the appeal abated. Further the appeal so far as it relates to respondents 4 and 5 was dismissed for non-prosecution. So the appeal is only to be closed as abated. Cross-objection: Respondents 1 to 3 have filed a cross-objection in which also the legal representatives of appellant who is the first respondent are not impleaded. So the cross-objection also abated. In the result, appeal abated and cross-objection abated so far as it relates to first respondent in the cross-objection and dismissed so far as it relates to other AS No.61/1995 2 respondents. There will be a direction to the Office to return the documents received in this appeal to the trial court forthwith. C.M.P.No.1388/1995 in A.S.No.61/1995 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. cks AS No.61/1995 3 K.PADMANABHAN NAIR, J. A.S. No.61 of 1995 & Cross-objection JUDGMENT 26th March, 2008.