High Court Kerala High Court

Madhavan vs Kallyani on 24 February, 2009

Kerala High Court
Madhavan vs Kallyani on 24 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

SA.No. 768 of 1998(G)



1. MADHAVAN
                      ...  Petitioner

                        Vs

1. KALLYANI
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.C.M.ABRAHAM

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :24/02/2009

 O R D E R
              K.P.BALACHANDRAN, J.
          ------------------------------------------------
                   S. A. No.768 of 1998
          ------------------------------------------------
          Dated this the 24th day of February, 2009

                         JUDGMENT

Steps were not taken to serve notice on

R4 and to implead L.Rs of deceased respondents

6, 13 and 16 and hence, the case was posted at

Bench and a learned Judge of this Court on

27/01/09 granted two weeks time to the

appellant to cure the defect with the further

condition that in case of failure the appeal

shall stand dismissed for non-prosecution. Two

weeks’ time is already over with 10/02/09 and

today when the matter came up before me,

counsel for the appellants submits that to his

knowledge defect is that steps are not taken

for R4 and steps are not taken to implead LRs

of R2. He has absolutely no idea as to what is

the defect to be cured. There is no meaning in

retaining this Second Appeal on file. This

Second Appeal stands dismissed in view of the

S. A. No.768 of 1998 -2-

order passed by this Court on 27/01/09.

K.P.BALACHANDRAN,
JUDGE
kns/-