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. 797 of 2002 ------------------------------- AS.49/1991 of DISTRICT COURT, MANJERI OS.79/1979 of MUNSIFF COURT, MANJERI ........... APPELLANT/APPELLANT/5TH PLAINTIFF: THARAKKAL ESTATE RECEIVER ADVOCATE P.PRASAD, OTTAPPALAM AMSOM, AZHYOOR THEKKUMMURI DESOM, OTTAPPALAM TALUK, (APPOINTED BY OTTAPPALAM SUB COURT IN OS.NO.32/1967) BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/RESPONDENTS/DEFENDANTS: 1. SREEDEVIKAVU VARASSIAR, D/O. THARAKKAL VARIYATH KUNHIKKAVU VARASSIAR, AZHYOOR THEKKUMMURI DESOM, OTTAPPALAM AMSOM. 2. KUNHILAKSHMI, D/O. MUNDUKATTIL RAMAN EZHUTHASSAN, THURAVOOR AMSOM DESOM, ERNAD TALUK. 3. VENUGOPAL, DO. DO. 4. SATHIABHAMA, D/o. DO. DO. 5. SANTHAKUMARI, DO. DO. 6. RUGMINI, DO. DO. 7. VEETTIKKUTHUTHODIYKIL KALLIANI AMMA, W/O. MUNDUKATTIL RAMAN EZHUTHASSAN, THURAVOOR AMSOM DESOM, ERNAD TALUK. 8. PARAPPADAN MUHAMMED, S/O. UNNIALIKUTTY MUSALIAR THURAVOOR AMSOM DESOM, ERNAD TALUK. BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) FOR R2,3,4,5,6,8 THIS SECOND APPEAL HAVING BEEN COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.P.No.2416 of 2002 & S.A.No. 797 of 2002 --------------------------- JUDGMENT Despite granting time of one week sought for by the appellant's counsel as a last chance to take steps for impleading the legal representatives of the deceased seventh respondent, vide order dated 29.5.2008, no steps were taken within the said one week. Thereafter, time was further extended by one week as requested by the counsel for the appellant vide order dated 11.6.2008, ordering that in case all necessary steps are not taken within the said time, this appeal shall stand dismissed. 2. Counsel for the appellant submits that he has written to the appellant, who is a Receiver of the properties involved in the suit, but that he has not received any reply yet. That is no ground to grant further time to take steps. Notice was being ordered not in the appeal, but on C.M.P.No. 2416/02, which is an application to condone the delay of 44 days in filing the appeal. Final orders SA 797/02 2 could not be passed even on the said C.M. Application despite lapse of more than six years for reason of not completing steps on the said CMP. I do not see any reason why this CMP is to be kept on file any further. In the result, I dismiss this CMP. Consequently, the second appeal also stands dismissed. 20th June, 2008 (K.P.Balachandran, Judge) tkv SA 797/02 3 K.P.Balachandran, J. --------------------- S.A.No.797 of 2002 --------------------- JUDGMENT 20th June, 2008