IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 RSA.No. 1043 of 2009 ----------------------------------- AS.46/2008 of II ADDL. DISTRICT COURT, KOLLAM OS.360/1996 of ADDL.SUB COURT, KOLLAM .................... APPELLANTS/RESPONDENTS/DEFENDANTS: 1. PRABHAKARAN,S/O.PADMANABHAN, PUTHENVILAYIL THEKKATHIL, PAVUMBA THEKKUMMURI,PAVUMBA. 2. RAGHAVAN,S/O.PADMANABHAN, SANTHOSH BHAVAN, DO. DO. 3. AMMINI,W/O.PRABHAKARAN, PUTHENVILAYIL THEKKATHIL, DO. DO. BY ADV. SRI.K.HARILAL RESPONDENT/RESPONDENT/PLAINTIFF: THANKAMMA, D/O.UMMINI, USHA VILASOM,VADAKKUMTHALA, MEKKUMMURI,VADAKKUMTHALA VILLAGE, FROM PUTHEN VILAYIL THEKKATHIL, PAVUMBA THEKKE MURI, PAVUMBA. BY ADV. SRI.P.SREEKUMAR FOR R1 SRI.K.S.MANU (PUNUKKONNOOR) FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. --------------------------------------- R.S.A.No.1043 of 2009 --------------------------------------- JUDGMENT Learned counsel appearing for the appellants submitted that respondent, the plaintiff in O.S.No.360/1996 on the file of Additional Sub Court, Kollam, is no more and on her death, being Class II heirs, under Section 15(2) of Hindu Succession Act, her rights devolved on the appellants and in such circumstances, there is no necessity to continue the appeal. The submission is recorded and appeal is disposed. 22nd February, 2011 (M.Sasidharan Nambiar, Judge) tkv