IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 SA.No. 419 of 2000(G) --------------------- AS.81/1991 of ADDL.SUB COURT, IRINJALAKUDA OS.230/1974 of MUNSIFF COURT, KODUNGALLUR .................... APPELLANT(S)/APPELLANTS/DEFENDANTS 1 & 2: -------------- 1. PAILY S/O.PYNADAN KURIYAPPAN, PUTHENCHIRA VILLAGE, MUKUNDAPURAM TALUK. 2. SALEENA W/O.PAILEE, -DO- -DO- BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S)/RESPONDENTS/PLAINTIFF & DEFENDANTS 3 TO 7: --------------- 1. PRASTEENA D/O.THYVALAPPIL MATHAYI, KOTTANELLOOR VILLAGE, MUKUNDAPURAM TALUK. 2. KUNJU VAREED BROTHER OF 1ST APPELLANT, 3. DEVASSY BROTHER OF 1ST APPELLANT, 4. CHACKO S/O.PYNADAN OUSEPH 5. ANTHONY S/O.1ST APPELLANT 6. POULOSE S/O.MATHAI ADV. SRI.T.H.ABDUL AZEEZ FOR R1 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- S.A.No.419 of 2000 -------------------------------------- Dated this the 17th day of March, 2010. JUDGMENT After this appeal was admitted, notice was ordered to the respondents but some of them could not be served. Hence fresh steps were ordered to those respondents who are not served and to take steps for impleadment of legal representatives of deceased respondent No.5. No steps have been taken in spite of granting several opportunities. On 5.3.2010 it was submitted by learned counsel for appellants that in spite of several intimations given to the appellants none have turned up to take necessary steps. On the request of the learned counsel a week's further time was granted as last chance. Today also steps have not been taken. Learned counsel states that in spite of intimation given none of the appellants have turned up. In the circumstance appeal is dismissed for non-prosecution. THOMAS P.JOSEPH, Judge. cks 2 Thomas P.Joseph, J. S.A.No.419 of 2000 JUDGMENT 17th March, 2010.