IN THE HIGH COURT OF KERALA AT ERNAKULAM
SA.No. 598 of 1998(D)
1. VAEGHESE
... Petitioner
Vs
1. MATHAI
... Respondent
For Petitioner :SRI.JOHN VARGHESE
For Respondent :SRI.K.B.SURESH
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :01/07/2008
O R D E R
K.P.BALACHANDRAN, J.
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S. A. Nos.598, 602 & 605 of 1998
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Dated this the 1st day of July, 2008
COMMON JUDGMENT
It is submitted by counsel for the
appellants that Varghese/the appellant in
S.A.598/98 is the first appellant in
S.A.605/98 and C.V.Abraham/the son of Varghese
who is the appellant in S.A.602/98 is the
second appellant in S.A.605/98 and that both
of them are not contacting him for the last
ten years and that despite letters sent they
have not responded as well and that the
averments of the respondent in affidavit filed
along with I.A.1109/08 in S.A.598/98 that
Varghese aforesaid passed away in 1998 and
that C.V.Abraham aforesaid passed away in
February, 2000 could be correct. Counsel for
the respondent has also placed before me for
perusal a burial certificate issued by Church
of South India Diocese of Madhya Kerala
S. A. Nos.598, 602 & 605 of 1998 -2-
certifying that C.V.Abraham of Chengattu
Kalappurackal passed away on 01/02/2000 and
that his body was buried on 03/02/2000.
Counsel for the appellants submits that
despite letters sent LRs of either Abraham or
Varghese have not come forward to prosecute
these appeals and that therefore, he has no
objection in the statement in the affidavit
filed by the first respondent being accepted
as regards the death of Sri.Varghese and
Sri.C.V.Abraham respectively in 1998 and in
2000 and the appeals being disposed of as
abated.
In the result, I dismiss all the above
appeals as abated.
K.P.BALACHANDRAN,
JUDGE
kns/-