Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 RSA NO. 958 OF 2005 AGAINST THE JUDGMENT AND DECREE DATED 05.2.2004 IN A.S. NO.104/2002 OF PRINCIPAL SUB COURT, ALAPPUZHA AGAINST THE JUDGMENT AND DECREE DATED 30.06.1999 IN O.S. NO.299/1997 OF PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA APPELLANT/RESPONDENT/PLAINTIFF: NALINI, D/O KOCIKA, AGED 49 YEARS, ERUVELIKATTU HOUSE, VADAYAR, VAIKOM. SRI.K.RAVU SRI.VISHNU.R RESPONDENT/APPELLANT/DEFENDANT: 1 RAJAN, S/O SANKARAN, AGED 56 YEARS, RESIDING AT POKKATHIL CHIRA, NEHRU TROPHY WARD, ARYAD SOUTH VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA. 2 PUSHPA, W/O RAJAN AGED 53 YEARS, RESIDING AT -DO- -DO-. SRI.P.K.MURALEEDHARAN - R1 SRI.SUNU P.JOHN - R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA No.958 of 2005
JUDGMENT
Dated this the 28th day of February, 2023 This appeal has been filed against the judgment and decree in A.S No.104/2002 on the file of Principal Sub Court, Alappuzha, which arise out of judgment and decree in O.S No.299/1997 on the file of Principal Munsiff's Court, Alappuzha.
2. It is reported by the learned counsel for the
respondents that 1st respondent is no more. 2 nd respondent already expired in 2009. There was no representation for the appellant on the last posting date. Today when the case is taken up, there is no representation for the appellant. In the above circumstances, the R.S.A. stands abated. Sd/- M.R.ANITHA JUDGE SMF