IN THE HIGH COURT OF KERALA AT ERNAKULAM SA.No. 947 of 2000(D)

1. V.K. KRISHNAN

... Petitioner

Vs

1. XAVIER

... Respondent

For Petitioner :SRI.T.V.ANANTHAN For Respondent :SRI.VARGHESE C. KURIAKOSE The Hon'ble MR. Justice THOMAS P.JOSEPH Dated :06/04/2010

O R D E R

THOMAS P.JOSEPH, J.

================================= S.A. NO.947 of 2000

and

S.A. NO.130 OF 2001

================================= Dated this the 6th day of April, 2010 J U D G M E N T

These appeals arise from common judgment and decree of the courts below. In the course of these appeals the sole appellant died and his legal representatives are impleaded. Learned counsel appearing for supplemental appellants submitted that parties have taken back the case records a few years back and still notice was issued to one of the additional appellants on 05.02.2010 by registered post informing them to engage another counsel and take necessary steps for prosecuting the appeals. But none have turned up. Learned counsel has given me for perusal a copy of the registered notice sent by him where it is stated that appellants have to engage another counsel for which ten days' time has been granted by this Court and unless they engage some other counsel to prosecute the appeals, the same are likely to be dismissed. Thus additional appellants were intimated about the necessity to engage another  S.A. Nos.947 of 2000 & 130 of 2001 -: 2 :-

counsel and prosecute the appeals. But that has not been done. Additional appellants are not present in court. Hence the Second Appeals are dismissed for non-prosecution without any order as to costs. THOMAS P.JOSEPH, JUDGE.

vsv

 S.A. Nos.947 of 2000 & 130 of 2001 -: 3 :-

THOMAS P.JOSEPH, J.

===============

S.A. No.947 of 2000

&

S.A. No.130 of 2001

=======================

J U D G M E N T

6TH APRIL, 2010