IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 SA.No. 1022 of 2001(E) ---------------------- AS.136/1997 of I ADDITIONAL DISTRICT COURT, THRISSUR OS.655/1991 of PRINCIPAL SUB COURT,THRISSUR .................... APPELLANT(S)/APPELLANT/2ND DEFENDANT: -------------- JAYALEKSHMI, AGED 31 YEARS, W/O.KONGOTH NARAYANAN, VILVATTOM VILLAGE, THRISSUR TALUK. BY ADV. SRI.PHILIP M.VARUGHESE SRI.D.K. KUNHIKANNAN SRI.BIJISH B. TOM SRI G.HARISH RESPONDENT(S)/RESPONDENTS/PLAINTIFFS AND DEFENDANTS 4 AND 5: --------------- 1. NARAYANI AMMA, AGED 78 YEARS, D/O.KONGOTHU LEKSHMIKUTTY AMMA, VILVATTOM VILLAGE, THRISSUR TALUK. 2. KARUNAKARAN, AGED 52 YEARS, S/O.KONGOTHU NARAYANI AMMA, VILVATTOM VILLAGE, THRISSUR. 3. CHANDRAN, AGED 49 YEARS, S/O.KONGOTHU NARAYANI AMMA, VILVATTOM VILLAGE, THRISSUR. 4. KALEESAN, AGED 46 YEARS, S/O.KONGOTHU NARAYANI AMMA, VILVATTOM VILLAGE, THRISSUR. 5. VISALAKSHY, AGED 43 YEARS,D/O.NARAYANI AMMA,KONGOTHU HOUSE, VILVATTOM VILLAGE, THRISSUR. 6. PRABHAKARAN, AGED 33 YEARS, S/O.KONGOTHU NARAYANI AMMA, VILVATTOM VILLAGE, THRISSUR. 7. POOMATHI, AGED 31 YEARS, D/O.KONGOTHU NARAYANI AMMA, VILVATTOM VILLAGE, THRISSUR. SA NO.1022/2001 2 8. NARAYANAN, AGED 47 YEARS, S/O.KONGOTHU KAMBOLATHIL BHARATHI AMMA, VILVATTOM VILLAGE, THRISSUR. 9. PADMINI DEVI, AGED 43 YEARS, W/O.POTTONATH PADMANABHAN NAIR, THAIKATTUSSERI, OLLUR, THRISSUR. ADV. SRI.P.VIJAYA BHANU FOR R9 SMT.ROHINI V.MENON FOR R9 SRI.K.N.BINOJ FOR R2 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- S.A.No.1022 of 2001 -------------------------------------- Dated this the 21st day of January, 2010. JUDGMENT The Second Appeal arises from judgment and decree of learned Additional District Judge-I, Thrissur in A.S.No.136 of 1997 confirming preliminary decree for partition in O.S.No.655 of 1991 of the court of learned Principal Sub Judge, Thrissur. 2. Respondent No.9 filed I.A.No.1707 of 2009 on 29.7.2009 for early hearing of the appeal. The appeal was being posted (for hearing) with records from 27.10.2009 onwards. When the appeal matter came up for hearing before me on 19.01.2010, there was no representation for the appellant. Hence the appeal was posted to this day for disposal. Today also there is no representation for the appellant. Appellant is called and found absent. Counsel for respondent No.9 is present. Resultantly, Second Appeal is dismissed for non-prosecution without any order as to costs. C.M.P.No.1 of 2002 will stand dismissed. THOMAS P.JOSEPH, Judge. cks Thomas P.Joseph, J. S.A.No.1022 of 2001 JUDGMENT 21st January, 2010.