IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 25TH MAY 2007 / 4TH JYAISHTA 1929 WP(C).No. 3894 of 2004(L) ------------------------- I.A.5292/02 IN O.S.269/73 OF I ADDL.SUB COURT, THRISSUR. ...................... PETITIONER: ------------ P.K. SANKARANKUTTY, S/O. PADIKKAPARAMBIL KITTU, RESIDING AT JANAKI NILAYAM, PERINGAVU VILLAGE, TRICHUR TALUK. BY ADV. SRI.K.P.SREEKUMAR RESPONDENTS: ------------- 1. BABU RAJENDRAN, S/O. PARARATH NARAYANAN, KOLAZHI VILLAGE AND DESOM, TRICHUR TALUK. 2. USHA DEVI, D/O. DO. DO. RESIDING AT PARLIKKAD, (VIA), MULANKUNNATHUKAVU, TRICHUR. 3. LEELAVATHY, D/O. DO., RESIDING AT CALICUT. 4. LAKSHMY KANTHAN, S/O. DO., KOLAZHY DESOM AND VILLAGE, TRICHUR. (RESPONDENTS 1 TO 4 ARE REP. BY ADVOCATE M.S. CHANDRASEKHARAN AND THE PROCEEDINGS ARE EVEN NOW PENDING IN THE LOWER COURT. NOTICE TO RESPONDENTS 1 TO 4 MAY BE ORDERED TO BE SERVED ON THEIR COUNSEL REPRESENTING THEM IN THE LOWER COURT) 5. LIFE ASSURANCE COMPANY OF CANADA, P.B.NO.26, COLOMBO, SRI LANKA. WPC.NO.3894 OF 2004 6. A.M.M. ABDUL KHADER, GENERAL HARDWARE, STREET 114, THIRD CROSS STREET, COLOMBO II, SRI LANKA. (THE PRESENCE OF RESPONDENTS 5 AND 6 IS NOT NECESSARY FOR DETERMINING THE CONTROVERSY. THE ARE IMPLEADED ONLY FOR THE REASON THAT THIER NAME APPEARS IN THE CAUSE TITLE OF THE IMPUGNED ORDERS). 7. P. VIJAYARAGHAVAN, D.404, YOGI NAGAR (NEAR) AMBIKA NAGAR, GUJARAT. 8. P.N. PRABHASANKAR, PARARATH HOUSE, KRISHNA KRIPA, P.O. ATHANI, TRICHUR. R1 TO R4 BY ADV. SRI.N.P.SAMUEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. .......................................................... W.P.(C) No.3894 OF 2004 ........................................................... DATED THIS THE 25TH MAY, 2007 J U D G M E N T It is submitted that though the petitioner died more than 1½ years ago, his legal representatives could not be brought on record so far. The Writ Petition will stand dismissed as abated. (PIUS C. KURIAKOSE, JUDGE) tgl WP(C)N0. -2-