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