IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD AUGUST 2007 / 1ST BHADRA 1929 SA.No. 922 of 1994(B) -------------------- AS.143/1993 of DISTRICT COURT, PALAKKAD OS.517/1986 of PRL.MUNSIFF COURT, PALAKKAD .................... APPELLANTS/PETITIONERS/DEFENDANTS: ----------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, PALAKKAD 2. THE BLOCK DEVELOPMENT OFFICER, PALAKKAD BY GOVERNMENT PLEADER LATHA THANKAPPAN RESPONDENT/RESPONDENT/PLAINTIFF: -------------------------------------------- T.V.GOVINDANKUTTY NAIR, AGED 75, S/O.ITTIKUTTY AMMA, THELAKKAD VAYANKARA VEEDU KUNDUVAMPADAM, PERINGODE AMSOM, PALAKKAD TALUK BY ADV. C.P.DAMODARAN NAYAR SRI.D.KRISHNA PRASAD THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ S.A.NO.922 OF 1994 ------------------------------------------ Dated 23rd August 2007 J U D G M E N T Learned counsel appearing for respondent submitted that respondent/plaintiff died years back and appeal is abated. Appeal itself is filed challenging the dismissal of the first appeal as barred by time, after dismissing the application to condone a delay of three years and 57 days. First appeal itself was filed against the ex-parte decree passed on 19/1/1990. In such circumstances, appeal is dismissed as abated. M.SASIDHARAN NAMBIAR, JUDGE. uj. ============================= M.SASIDHARAN NAMBIAR,J. JUDGMENT S.A.NO.922 OF 1994 23rd AUGUST 2007 ============================