IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ex.SA.No. 11 of 2004()
1. KUTTY THANKAPPAN, PATHIL VEEDU,
... Petitioner
Vs
1. NARAYANAN RAJAPPAN, S/O.NARAYANAN,
... Respondent
2. SOBHANA, D/O. DO. IN DO. DO.
3. JANAKI, W/O.DO. RESIDING AT PATHIL,
4. SOMAN, S/O.DO. IN DO. DO.
5. RAJAPPAN, S/O. DO. IN DO. DO.
6. THANKAMANI, D/O. DO. IN DO. DO.
7. KAUSALLIYA, W/O.NARAYANAN,
For Petitioner :SRI.S.V.BALAKRISHNA IYER (SR.)
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :05/03/2009
O R D E R
K.P. Balachandran, J.
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Ex.S.A.No.11 of 2004
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JUDGMENT
A memo has been filed by the counsel for the
appellant reporting that the legal representatives
of the deceased seventh respondent are respondents
1 and 2 and that may be recorded. There is no
mention as to the relationship between the seventh
respondent and respondents 1 and 2. Counsel for
the appellant submits that the seventh respondent
Kausallya is the wife of Narayanan and therefore,
respondents 1 and 2, who are the children of
Narayanan, could be children of Kausallya. But the
third respondent Janaki is also shown as the wife
of Narayanan and respondents 4 to 6 are shown
similarly as children of Narayanan. Counsel for the
appellant has no idea to make any submission when
this is pointed out. It appears that memo has been
filed only with a view to avoid dismissal of this
Execution Second Appeal for default when no steps
EXSA 11/04 2
are taken and there was a conditional order passed
on 7.12.2007 that in case steps are not taken
within ten days’ time granted as last chance, the
Execution Second Appeal will stand dismissed.
In the circumstances, for failure to take
steps, this Execution Second Appeal stands
dismissed as per order dated 7.12.2007.
5th March, 2009 (K.P.Balachandran, Judge)
tkv