IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 AS.No. 293 of 2001(E) -------------------------------- OS.324/1998 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANT(S): PLAINTIFF -------------------------------------- YESUDAS G.PEREIRA, S/O. GABRIEL PEREIRA, RESIDING AT SEAVIEW, BEACH RAOD, KOLLAM. BY SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE RESPONDENT(S): DEFENDANT -------------------------------------------- P.U.SENAN, PROPRIETOR, INFOMTE COMPUTORS, RESIDING AT 3A, STAR PARK, CHETTICHIRA, VYTTILA, ERNAKULAM DISTRICT. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = A.S.No.293 of 2001-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of October, 2010. Judgment Thottathil B.Radhakrishnan, J. Notice to the respondent was never served. Every time, it was returned on the ground that the addressee left or addressee not known. Ultimately, there was an order on 9.1.2007 that unless steps are taken to cure the defects within ten days, the appeal will stand dismissed. That was a self working order. Yet, again on 24.10.2008, it was further ordered that in case the defects are not cured within two weeks, the appeal will stand dismissed. Thereafter, in March, 2010, there was a direction to make application for substituted service. With all these, the appeal remains defective and no steps have been taken. The learned counsel for the AS293/01 -: 2 :- appellant submits that the appellant is not turning up and the learned counsel is unable to contact him. Under such circumstances, this appeal is dismissed for default. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1810 AS293/01 -: 3 :- Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = A.S.No.293 of 2001-E = = = = = = = = = = = = = = = = = Judgment 7th October, 2010.