IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 CMCP.No. 24 OF 2005() --------------------- OS.87/1988 OF SUB COURT, CHERTHALA PETITIONERS/APPELLANTS: --------------------------------------- 1. N.S.S. KARAYOGAM NO.745, AROOR, REPRESENTED BY PRESENT PRESIDENT, T.S.SOMASEKHARAN NAIR, PERUMPARAMBIL, AROOR. 2. N.S.S. KARAYOGAM NO.745, AROOR, REPRESENTED BY ITS PRESENT SECRETARY, N.MADHUSOODANAN NAIR, VADAKKEKANIYA VEEDU, AROOR VILLAGE, AROOR MURI. BY ADV. SRI.S.SREEKUMAR RESPONDENTS/ DEFENDANTS: ------------------------ 1. N.GOPINATHA KAIMAL, ARAKKAL HOUSE, AROOR MURI, AROOR VILLAGE. 2. K.PARAMESWARAN NAIR, PANDARAPARAMBIL, AROOR MURI, AROOR VILLAGE. 3. KAKKO MATHEW, EDEZHATHU, KUMBALANGHI MURI, KUMBALANGHI VILLAGE. 4. A.BHASKARAN NAIR PADAYATHU, AROOR MURI, AROOR VILLAGE (DIED). 5. C.P.I. (M) LOCAL COMMITTEE, AROOR, REP. BY ITS SECRETARY, OFFICE OF THE C.P.I.(M) LOCAL COMMITTEE, AROOR. 6. RAJAGOPALAN, RESIDING AT AROOR MURI, AROOR VILLAGE, OFFICE OF THE C.P.I. (M) LOCAL COMMITTEE, AROOR. CMCP 24/2005 :2: 7. SYED MOHAMMED, PAZHAYAKALATHI, AROOR MURI, AROOR VILLAGE. 8. A.SAVITHRI AMMA, CHERUTHUDI HOUSE, AROOR MURI, AROOR VILLAGE. 9. G.SURESH, CHERUTHUDI HOUSE, AROOR MURI, AROOR VILLAGE. 10. G.RETHI, CHERUTHUDI HOUSE, AROOR MURI, AROOR VILLAGE. 11. G.DINESH, CHERUTHUDI HOUSE, AROOR MURI, AROOR VILLAGE. 12. ANTONY, PUTHENPURAKKAL, AROOR MURI, AROOR VILLAGE. 13. ALI, KUMARTHUSSERIYIL, AROOR MURI, AROOR VILLAGE. 14. KRISHNA DAS, THUMMAPPAMPARAMBU, ELANJIKKAL, AROOR MURI, AROOR VILLAGE (DIED). 15. PADMANABHAN, CHAKKATHARA, RESIDING AT KADAVITHRA HOUSE, AROOR MURI, AROOR VILLAGE. 16. PRABHAKARAN, CHAKKATHARA, RESIDING AT KADAVITHRA HOUSE, AROOR MURI, AROOR VILLAGE (DIED). 17. BAHULEYAN, CHAKKATHARA, RESIDING AT KADAVITHRA HOUSE, AROOR MURI, AROOR VILAGE (DIED). 18. SARAVANAN, CHAKKATHARA, RESIDING AT KADAVITHRA HOUSE, AROOR MURI, AROOR VILLAGE. 19. SUBHADRA, CHAKKATHARA, RESIDING AT KADAVITHRA HOUSE, AROOR MURI, AROOR VILLAGE. 20. SURESH, CHAKKATHARA, RESIDING AT KADAVITHRA HOUSE, AROOR MURI, AROOR VILLAGE. CMCP 24/2005 :3: 21. K.GOPALAN, KULIKKUMPARAMBIL, AROOR MURI, AROOR VILLAGE. 22. CHELATHUBHAGAM NAIR KARAYOGAM, REP. BY ITS PRESIDENT G.SIVARAMAN NAIR, CHAKKANATTU, RESIDING AT SANKARA NILAYAM, CHELATHUBHAGAM MURI, PANAVALLI VILLAGE. 23. CHOCHI OUSEPH, KUMARACHAMKADU HOUSE, AROOR MURI, AROOR VILLAGE. 24. NEELAKANTAN SURENDRAN, THARAPPARAMBIL, AROOR MURI, AROOR VILLAGE. 25. NEELAKANTAN RAJAPPAN, THARAPPARAMBIL, AROOR MURI, AROOR VILLAGE. 26. NIRMALA DEVI, PADAVATHU VEETTIL, AROOR MURI, AROOR VILLAGE. 27. SREEKLUMAR, PADAVATHU VEETTIL, AROOR MURI, AROOR VILLAGE. 28. SOBHANA, PADAVATHU VEETTIL, AROOR MURI, AROOR VILLAGE. 29. LATHA, PADAVATHU VEETTIL, AROOR MURI, AROOR VILLAGE. 30. AMRUTHAKALA, PADAVATHU VEETTIL, AROOR MURI, AROOR VILLAGE. (ADDL.DEFENDANTS 26 TO 30 IMPLEADED AS LEGAL HEIRS OF DECEASED DFNDT.4 AS PER ORDER DATED 22-10-1990 ON I.A.NO.1041/92). 31. YUSUF ADVOCATE, S/O. SYED MUHAMMED, 19/161, KALOOR CROSS ROAD, KOCHI. 32. HAMEED, S/O. SYED MUHAMMED, 19/161, KALOOR CROSS ROAD, KOCHI. (ADDL.DEFENDANTS 31 AND 32 IMPLEADED AS PER ORDER DATED 29-11-1994 ON I.A.NO.734/93). 33. KAMALAMMA, W/O. KRISHNA DAS THAIPARAMBU, ELANJICKAL, AROOR. 34. BIJU, S/O. KRISHNA DAS THAIPARAMBU, ELANJICKAL, AROOR. CMCP 24/2005 :4: 35. LIJU, D/O. KRISHNA DAS THAIPARAMBU, ELANJICKAL, AROOR. 36. PANKAJAKSHI, W/O. BAHULEYAN, KADAVITHARA, AROOR. 37. PRIYA, D/O. BAHULEYAN, KADAVITHARA, AROOR. 38. REJANI, D/O. BAHULEYAN, KADAVITHARA, AROOR. (ADDL.DEFENDANTS 33 TO 38 IMPLEADED AS THE LEGAL HEIRS OF DECEASED DEFNDTS.14 AND 7 AS PER ORDER DATED 02-04-2001 ON I.A.NO.1036/00). BY ADV. SRI.SACHIN JOSEPH FOR R12,33-35 SRI.V.L.SHENOY FOR R-31 SRI.DEEPU THANKAN FOR R25 SMT.DEEPA DEEPU THANKAN FOR R25 SRI.BIJU ABRAHAM FOR R3 THIS CIVIL MISC. CASE(PAUPER) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = C.M.C(P) NO. 24/2005 = = = = = = = = = = = = = DATED THIS, THE 17TH DAY OF JULY, 2008. O R D E R Raman, J. Third respondent was reported dead. Time was given for impleading his legal representatives. On 30.6.2008 we had passed an order that in case necessary steps are not taken within two weeks, the appeal will stand dismissed. Based on the said order, automatically, the CMC(P) will stand dismissed. Incidentally, it is submitted by the learned counsel appearing on behalf of the petitioner that even otherwise he is paying the court fee and CMC(P) is not pressed. In such circumstances, the CMC(P) is dismissed. Ten days time is granted for payment of court fee. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-